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Performance and Discharge in Contracts

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Partial Performance

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Possible adjustment in the consideration or a pro rata payment, depending on whether the contract is divisible

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Explicit Condition Precedent Not Met

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May relieve the dependent party from performing or provide grounds for termination of the contract

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Accord and Satisfaction Reached

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Original contractual obligations are discharged and replaced with the new agreement

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Failure to Meet Contractual Quality Standards

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Potential claim for breach and recovery of damages or right to reject the performance

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Non-Performance

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Breach of contract, entitling the non-breaching party to remedies such as damages or cancellation

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Inferior Performance

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Potential for a claim of breach and recovery of damages to compensate for the difference in value

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Anticipatory Breach

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Non-breaching party can treat the contract as breached and may sue for damages immediately

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Frustration of Purpose

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Contract may be discharged if an unforeseen event undermines the contract's principal purpose

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Duress

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Contract can be voided or rescinded if one party was forced to enter into it under a threat of harm

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Undue Influence

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Contract may be voidable if one party unfairly influenced the other, often due to a relationship of trust

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Mutual Mistake

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Contract may be voidable or subject to reformation if the mistake significantly affects the agreement

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Impossibility of Performance

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Discharges the parties from obligations due to an unforeseeable event rendering performance objectively impossible

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Misrepresentation

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Contract can be rescinded if one party entered based on a material false statement by the other

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Novation Agreement

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Original contract is extinguished and a new one with different parties takes its place

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Incapacity or Illegality

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A contract may be void or voidable if a party lacked capacity to contract or if the contract is for illegal purposes

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Unilateral Mistake

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Contract is generally enforceable unless the non-mistaken party knew or should have known of the error

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Substantial Performance with Minor Breaches

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May result in the contracting party being entitled to damages for the incomplete portion, not contract termination

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Commercial Impracticability

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Provided in the UCC; excuses a party when performance becomes excessively difficult or expensive

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Breach Due to Late Performance

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Can lead to damages for the delay or contract cancellation if time is of the essence

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Specific Performance Not Granted

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Legal remedy of specific performance may be denied if damages are adequate or the contract involves personal services

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