Breach

Question 1

Non-Performance of a duty that is due under a contract
Non-Performance is not justified
Breach occurs when one party’s duty to do something has arisen (you painted my living room) but the party with the duty did not do what they were obligated to do (I didn’t pay you).
Some duties only become due after a condition is met.

Answer 1

Breach

Question 2

An event not certain to occur, but must occur, unless excused, before performance is due.

Answer 2

Condition

Question 3

When the parties have not expressed an intent that performance is dependent upon the occurrence or nonoccurrence of an event not certain to occur but the facts (e.g., the course of performance) lead the court to decide that the parties have agreed to a condition.

Answer 3

Implied in-fact condition

Question 4

When the parties have not expressed nor do the actions of the parties demonstrate an intent that the performance is dependent upon a condition but the court holds that such a condition is part of the contract as a matter of law.

Answer 4

Implied in-law condition

Question 5

__________ serve an important function because they allocate the risk between the parties that one of the parties will not perform.

Answer 5

Conditions

Question 6

A _________ _________ is an act or event, other than a lapse of time, which must exist or occur before a duty to perform a promise arises.

Answer 6

condition precedent

Question 7

A _________ __________ arises when the parties are to exchange performances at the same time.

Answer 7

condition concurrent

Question 8

A _________ __________ is any event the existence of which, by agreement of the parties, discharges a duty of performance that has arisen.

Answer 8

condition subsequent

Question 9

When the parties have expressed an intent that performance is dependent upon the occurrence or nonoccurrence of a condition.

Answer 9

Express condition

Question 10

A _______ is a contractual undertaking, breach of which leads to liability for damages or equitable relief.

Answer 10

promise

Question 11

A _______, is a fact, the occurrence or nonoccurrence of which determines when and if a party must perform.

Answer 11

condition

Question 12

To the extent that the non-occurrence of a condition would cause __________ _________, a court may excuse the non-occurrence of that condition unless its occurrence was a material part of the agreed exchange

Answer 12

disproportionate forfeiture

Question 13

If the non-occurrence of a condition would cause disproportionate forfeiture, a court may excuse the non-occurrence of that condition unless its occurrence was a _______ part of the agreed exchange

Answer 13

material

Question 14

A _______, as distinguished from a forfeiture, therefore, involves the enforcement of an obligation to pay an amount fixed by law or agreement of the parties as a punishment for the failure to fulfill some primary obligation.

Answer 14

penalty

Question 15

“The owner is entitled to the money which will permit him to complete,
unless the cost of completion is ________ & _______ out of proportion to the good to be attained.

Answer 15

grossly and unfairly

Question 16

A _______ _______ is a non-performance of duty that is due that does is not a material breach. (It is also one that is not a total breach, but if it isn’t material, it can’t be total.)

Answer 16

partial breach

Question 17

_______ _______ Must continue to perform under the contract

Answer 17

Partial

Question 18

_______ _______ Duty to perform may be suspended until breaching party cures breach.

Answer 18

Material

Question 19

______ ______ Relieves/discharges from duties under contract.

Answer 19

Total

Question 20

How much will the IP be deprived of benefit of what IP reasonably expected to get?
How well can IP adequately compensated for what IP did not get?
How much will BP lose if IP is excused from performance?
How likely is it that BP will cure the breach (perform)?
To what extent did BP act in good/bad faith?

Answer 20

material

Question 21

Doctrine of _________ ________ requires a clear (definite and unequivocal) manifestation of intent not to perform the contract on the date of performance.

Answer 21

anticipatory repudiation

Question 22

a statement by the obligor to the obligee indicating that the obligor will commit a breach that would of itself give the obligee a claim for damages for total breach under § 243, or
(b) a voluntary affirmative act which renders the obligor unable or apparently unable to perform without such a breach.

Answer 22

repudiation

Question 23

The effect of a statement as constituting a repudiation under § 250 or the basis for a repudiation under § 251 is ________ by a retraction of the statement if notification of the retraction comes to the attention of the injured party before he materially changes his position in reliance on the repudiation or indicates to the other party that he considers the repudiation to be final.

Answer 23

nullified

Question 24

When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may

(a) for a commercially reasonable time await performance by the repudiating party; or
(b) resort to any remedy for breach, even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction; and
(c) in either case suspend his own performance or proceed in accordance with the provisions of this Article on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

Answer 24

Anticipatory Repudiation

UCC

Question 25

Until the repudiating party’s next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.

Answer 25

Retraction of Anticipatory Repudiation.

UCC

Question 26

Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this Article

Answer 26

Retraction of Anticipatory Repudiation.

UCC

Question 27

Retraction reinstates the repudiating party’s rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.

Answer 27

Retraction of Anticipatory Repudiation.

UCC

Question 28

Where reasonable grounds arise to believe that the obligor will commit a breach by non-performance that would of itself give the obligee a claim for damages for total breach under § 243, the obligee may demand adequate assurance of due performance and may, if reasonable, suspend any performance for which he has not already received the agreed exchange until he receives such assurance.

Answer 28

Right of Assurance

Question 29

The obligee may treat as a repudiation the obligor’s failure to provide within a reasonable time such assurance of due performance as is adequate in the circumstances of the particular case.

Answer 29

Right of Assurance