Performance and Discharge

What is a condition in a contract, as described in the chapter on Performance and Discharge?

A real estate contract is contingent on the buyer's ability to obtain financing from a bank. According to the chapter, what type of condition is the bank's approval of the mortgage application?

A law firm hires a recent graduate, and their contract specifies that the firm's obligation to continue employment is discharged if the new lawyer fails to maintain her license to practice law. How does the chapter classify this provision?

When does a party's performance under a contract need to be perfect to be considered complete?

What is the primary requirement for the doctrine of substantial performance to apply?

In the case of Jacob & Youngs v. Kent, the contract specified that 'Reading' brand pipe must be used. A different but equivalent quality pipe was used instead. What was the court's measure of damages?

What is the key difference between a material breach and a minor breach of contract?

What is anticipatory repudiation of a contract?

If a contract for the sale of goods does not specify a time for performance, what is the legal implication?

What is required for a mutual rescission of a contract to be valid?

What is the key difference between a novation and a substituted agreement?

A contract can be discharged by operation of law under several circumstances. Which of the following is NOT a method of discharge by operation of law mentioned in the text?

According to the chapter, what is the time limit for bringing a lawsuit for breach of a written contract in most states?

A party cannot deliver goods on time because of a freight car shortage. How does the chapter classify this situation regarding impossibility of performance?

Which of the following situations is a valid ground for discharging a contract based on objective impossibility of performance?

What is the primary difference between the doctrines of commercial impracticability and frustration of purpose?

In the case of Facto v. Pantagis, a power failure occurred during a wedding reception. The contract contained a clause excusing performance for an 'act of God (e.g., flood, power failure, etc.), or other unforeseen events or circumstances.' Why did the court hold that the power failure excused the banquet hall's performance?

A 'tender' of performance is defined as:

If a contract contains a clause that performance must be to the 'satisfaction of a third party,' such as a supervising engineer, what standard do a majority of courts apply?

Under what circumstances does anticipatory repudiation of a contract often occur?

What are the four requirements of a novation?

What is the consequence if a party to a contract materially alters a quantity or price term in a written contract without the knowledge or consent of the other party?

If a contract is discharged due to temporary impossibility, what is the ordinary outcome once the impossibility ceases?

An accord and its satisfaction discharge an original contractual obligation. What is the status of the original obligation after an accord is made but before it is performed?

Which of the following scenarios best represents a situation where a contract would be discharged due to frustration of purpose?

In the context of concurrent conditions, if a buyer promises to pay for goods when the seller delivers them, what must the seller do to make the buyer's duty to pay absolute?

If a contract is for personal services, such as a portrait painting, what is the standard for determining if the performance is satisfactory?

What is the typical limitations period for bringing a lawsuit for breach of an oral contract?

If a supervening event makes performance only temporarily impossible, under what circumstance might the contract be discharged rather than just suspended?

In the case Shah v. Cover-It, Inc., the court found that Shah's ten-week vacation and subsequent part-time work constituted a material breach of his employment contract. What was the legal effect of this material breach?

What is the primary purpose of conditions in a contract?

If a builder, in good faith, uses a different but functionally and aesthetically equivalent brand of materials than what was specified in a non-conditional part of a construction contract, what doctrine will likely apply?

If one party retracts their anticipatory repudiation before the other party treats it as a breach, what is the result?

When is a contract clause stating that time is 'of the essence' typically used?

Which method of discharge involves substituting a new contract between the original parties?

What does discharge in bankruptcy typically do to most of a debtor's contracts?

A change in zoning laws makes the construction of a residential building, as specified in a contract, illegal. What is the legal effect on the contract?

A condition that is understood to be part of an agreement but is not found in the express language of the contract is known as what?

Which of the following does NOT need to be proven for a nonbreaching party to be excused from performance due to a material breach?

What is the primary reason the law treats an anticipatory repudiation as a present, material breach?

If two parties agree to rescind a contract for the sale of land, what form must the rescission agreement take?

What is the typical time limit set by the UCC for bringing an action for breach of a contract for the sale of goods?

If a contract for personal services is discharged due to the death of the performing party, what is the effect on that party's estate?

For the doctrine of commercial impracticability to apply, the supervening event must have been:

What is the primary legal consequence of a party performing substantially, but not completely?

In a construction contract, if the owner breaches after the construction has been completed, what can the contractor recover?

When an accord and satisfaction is used to discharge a contract, the performance of the accord agreement is known as the:

If a contract contains an express condition requiring a building to meet certain specifications, and the builder fails to meet those specifications, what is the result?

Under the 'danger invites rescue' doctrine, who is liable for injuries sustained by a person who is injured while going to someone else's rescue?

What is the primary effect of a valid waiver of a breach of contract?