5. Performance excused or discharged?

Question 1

a. Has condition (precedent, concurrent, or subsequent) been excused?

Answer 1

i. Breach of contract
ii. Anticipatory repudiation
iii. Waiver
iv. Substantial performance

Question 2

b. Has absolute duty been discharged?

Answer 2

i. Performance
ii. Illegality of subject matter after contract was made
iii. Impossibility, impracticability, frustration of purpose
iv. Rescission
v. Modification
vi. Novation/substitute contract
vii. Accord and Satisfaction

Question 3

Terms to Remember

Answer 3

Excused- BAWS

Discharged- PII RMNA