Exam 17: Performance,breach,and Discharge

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Lou and David have an executory contract that is supposed to be performed on June 1.On May 1,David indicates that he has no intention of performing the contract as agreed.Lou must wait until June 1 before he can pursue any remedies for breach of contract against David.

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Cora and Bruce have an executory contract for the sale of some goods.Cora files for bankruptcy and is then discharged by the bankruptcy court.Cora has no obligation to perform under the contract.

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A condition may be inserted into a contract to terminate the duty to perform.

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An accord and satisfaction discharges an existing debt.

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An implied-in-fact condition and constructive condition are the same.

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A material breach by the seller will discharge the buyer from his obligations under a contract.

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