Explore tens of thousands of sets crafted by our community.
Performance and Discharge in Contracts
20
Flashcards
0/20
Partial Performance
Possible adjustment in the consideration or a pro rata payment, depending on whether the contract is divisible
Explicit Condition Precedent Not Met
May relieve the dependent party from performing or provide grounds for termination of the contract
Accord and Satisfaction Reached
Original contractual obligations are discharged and replaced with the new agreement
Failure to Meet Contractual Quality Standards
Potential claim for breach and recovery of damages or right to reject the performance
Non-Performance
Breach of contract, entitling the non-breaching party to remedies such as damages or cancellation
Inferior Performance
Potential for a claim of breach and recovery of damages to compensate for the difference in value
Anticipatory Breach
Non-breaching party can treat the contract as breached and may sue for damages immediately
Frustration of Purpose
Contract may be discharged if an unforeseen event undermines the contract's principal purpose
Duress
Contract can be voided or rescinded if one party was forced to enter into it under a threat of harm
Undue Influence
Contract may be voidable if one party unfairly influenced the other, often due to a relationship of trust
Mutual Mistake
Contract may be voidable or subject to reformation if the mistake significantly affects the agreement
Impossibility of Performance
Discharges the parties from obligations due to an unforeseeable event rendering performance objectively impossible
Misrepresentation
Contract can be rescinded if one party entered based on a material false statement by the other
Novation Agreement
Original contract is extinguished and a new one with different parties takes its place
Incapacity or Illegality
A contract may be void or voidable if a party lacked capacity to contract or if the contract is for illegal purposes
Unilateral Mistake
Contract is generally enforceable unless the non-mistaken party knew or should have known of the error
Substantial Performance with Minor Breaches
May result in the contracting party being entitled to damages for the incomplete portion, not contract termination
Commercial Impracticability
Provided in the UCC; excuses a party when performance becomes excessively difficult or expensive
Breach Due to Late Performance
Can lead to damages for the delay or contract cancellation if time is of the essence
Specific Performance Not Granted
Legal remedy of specific performance may be denied if damages are adequate or the contract involves personal services
© Hypatia.Tech. 2024 All rights reserved.