Exam 12: The Discharge of Contracts

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Bankruptcy does not discharge a bankrupt from all contractual obligations.

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A sells goods to B for $5000.00 and no deposit is paid.Before the balance of the goods is delivered,the goods are destroyed.In this case,at common law,explain whether the seller will get anything for the value of the goods delivered.

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In December,a California importer contracted with a Guatemala exporter for a plane load of roses to be shipped to Los Angeles from Guatemala City the first week in February.Because of a regional hail storm in January,the exporter's usual sources of supply dried up to the extent that he could not obtain sufficient quantities of quality roses in Guatemala,so arranged for a shipment from the Cameron Highlands in Malaysia.When the shipment arrived in Los Angles,the importer refused it-based on the fact the roses didn't come from Guatemala.Give the legal arguments of each party.

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Tender of performance means to perform an obligation under a contract.

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David,a manufacturer's agent,is under contract to represent Joseph Tool Co.in western Canada.This contract contains "an option to terminate" clause.What is the likely meaning of this clause?

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Explain the effect of a condition subsequent.

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Most causes of action require that a lawsuit be started within two years failing which the claim may become statute barred.At what point in time does this two-year period begin to run? Give an example of how the running of the limitation period can be delayed.

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A party that deliberately makes performance impossible cannot rely on the doctrine of frustration to discharge his obligations.Self-induced frustration is really nothing more than

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Explain why a waiver might not be enforceable.

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