Exam 12: The Discharge of Contracts

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Performance for the purpose of discharge by performance can take any number of different forms,depending on the contract.

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A agrees in writing to sell to B two printing presses by September 1 for $5000.00.B gives a deposit of $1000.00.Due to a tornado,A's production facility is destroyed on August 25,so A cannot deliver the printing presses to B.In a lawsuit by B for the return of the deposit,the court will say at common law,

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Leaving aside frustration or the operation of law as a means of discharging a contract,what is it that the other forms of discharge have in common with each other and what does this really mean?

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