Exam 17: Performance, Breach, and Discharge

Fred contracts to sell a certain tract of land to Mary for $20,000,but the contract is silent as to the time of delivery of the deed and payment of the price.In this case:

Robert and John entered into a bilateral contract and Robert has fully performed.Their mutual rescission of the contract is binding at common law.

Jim contracted with Kevin to serve as a guide for Kevin on his three-week fishing trip to Canada.The contract was made on April 1 with the trip to begin on June 1.On May 1,Kevin notified Jim that he had changed his mind and would be unable to make the trip.He also refused to pay Jim any compensation.In this case:

Russell contracts to install for Nina her choice of living room carpeting.Classify as an express,implied-in-fact,or implied-in law condition Nina's notification to Russell of her choice of type and color of carpeting.Compare and contrast this condition with the other two types of contractual conditions.

Marie owes Nathan $900 and the parties agree that Marie will paint Nathan's house in satisfaction of the debt.The debt is not discharged until Marie performs the substituted agreement by painting Nathan's house.

An unauthorized alteration of ANY of the material terms in a written contract discharges the entire contract.

Bob,the tax accountant,promises to do Marge's individual federal,state,local,and gift taxes for the year.He completes all but the gift taxes.Under the substantial performance doctrine,Marge will:

A breach of contract always gives rise to a cause of action for damages by the injured party.

Explain what may constitute a material breach and list the several basic principles that must be applied to determine if a material breach exists in a given contract.

An express condition is usually preceded by which of the following terms?

An anticipatory repudiation by one party to a contract precludes a discharge by performance by that same party.

Discharge by performance is the most frequent method of discharging a contractual duty.

Paul,a contractor,has a contract to build a new office building for Bill.The contract contains a provision requiring Paul to furnish a certificate of occupancy from the building inspector before Bill is required to pay.This provision is:

Refusal of a tender of performance by one party to a bilateral contract will:

Bill recently borrowed $50 from Ricardo for a couple of weeks.Bill,still short of cash,tells Ricardo,"I will wash and wax your car in exchange for the $50 I owe you." Ricardo tells Bill,"OK,that's great!" Ricardo's performance of his new duty will be:

A contract may condition the performance of a party upon the approval of a third party.

Substituted contracts immediately discharge the original contracts.

What is a condition? Give an example of each of the following types of conditions: condition precedent,condition concurrent,conditions subsequent.

Anita,who is a seamstress,agrees to sew a suit for Bryan,who promises in return to pay Anita $500 for the suit if he is satisfied with it.Anita completes the suit,which fits Bryan perfectly.Nevertheless,he says that he is not satisfied and refuses to accept or pay for it.If Bryan is honest in his dissatisfaction,but he is unreasonable:

An implied-in-law condition need only be substantially performed.