ch 19 Breach of Contract and Remedies

Question 1

Jacob and Youngs v Kent

Answer 1

He contracted the firm to build something with a specified pipe, they deviated with a pipe of similar quality and price, but when he discovered this, he demanded they replace the pipes. Ruled in favor of firm

Question 2

conditions + the 3 types

Answer 2

qualification in a contract based on a possible future event

conditions precedent, subsequent, and concurrent

Question 3

condition precedent

Answer 3

condition that must be fulfilled before a partys performance can be required, condition preceeds absolute duty to perform

Question 4

conditions subsequent

Answer 4

condition operates to terminate a partys absolute promise to perform, rare

Question 5

concurrent conditions

Answer 5

when each partys perf is conditioned on the other partys perf or offer to perf; exist only when contract expressly or impliedly calls for the parties perform their respective duties simultaneously

Question 6

discharge by performance

Answer 6

contract come to an end when both partues fulfill duties

Question 7

tender

Answer 7

unconditional offer to perform by a person who is ready, willing, and able to do so

Question 8

two type so fperformance + def

Answer 8

compelte - when party performs exactly as agreed
substantial performance - * in good faith performs substantially all term of a contract can enforce contract against the party

Question 9

to qualify as substantial performance (4)

Answer 9

party must have perf in good faith
perf must not vary greatly from perf promised in contract, minor if remedied by compensation
perf must create substantially the same benefits as those promise in the contract

Question 10

measure of damages of substantial performance

Answer 10

cost to bring obj of the contrat into compliance with its terms OR difference between perf rendered and perf that would have been rendered

Question 11

performance to the satisfaction of another

Answer 11

often means perf need satisfy a reasonable person, unless subject matter of the contract is personal

Question 12

material breach of contract v minor obligations

Answer 12

non performance of a contractual duty; when performance is not at least substantial

nonbreaching party duty to perf X entirely excused but sometimes suspended until breach remedied

Question 13

anticipatory repudiation

is what type of breach?

Answer 13

before either party to a contract has a duty to perform, one of the parties refuses to carry out their contractual obligations, but repudiating party can retract the anticipatory repudiation by proper notice and restore the parties to their original obligations

Material

Question 14

time for performance in relation to breach

Answer 14

vital -> delay destroys parties right to payment

of the essence -> time is a condition, but if no complaint, then waived

Question 15

4 types of discharge by agreement

Answer 15

discharge by mutual recission, discharge by novation

discharge by settlement agreement, discharge by accord and satisfaction

Question 16

discharge by mutual recission -

Answer 16

parties must make another agreement that also satisfies the legal rq for a contract

Question 17

discharge by novation (4 rq, 2 types)

Answer 17

both parties agree to sub a 3rd party for 1 of the original parties

previous valid obligation, agreement by all parties to new contract, extinguishing old obligation, new contract - valid

express v implied (new contract terms are X consistent with old terms)

Question 18

discharge by settlement agreement

Answer 18

will be subbed as new contract and revoke and discharge obligations udner prior contract

Question 19

discharge by accord and satisfaction

Answer 19

parties accept perf that - diff from perf originally promised
original obligation suspended until accord fully performed, else can file suit based on either original obligation or accord

Question 20

discharge by opeation of law (7)

Answer 20

material alteration of the contract, statue of limitation, bankruptcy, impossibility of performance, commercial impractibility, frustration of purpose, force majeure event clause

Question 21

statutes of limitations (discharge)

Answer 21

oral contract, 2/3 yrs, wrriten, 4/5 yrs, 10-20 file recovery, sale of goods 4 yrs of breach

Question 22

(dischrage) bankruptcy ->

Answer 22

prevents creditors from enforcing most of debtors contracts, and partial repayment does not revive debt

Question 23

(discharge) impossibility of perf, 2 types

Answer 23

when supervening events make perrf impossible in objective sense, could not have reasonably foreseen

objective and subjective (impossible fore me, but not evryone -> doesnt discharge)

Question 24

When is perf impossible? (3)

Answer 24

when party died/becomes incapacitated prior to perf, specific subject matter o contract - destroyed, change in law render perf illegal

Question 25

(discharge) temp impossibility

Answer 25

perf delayed, can be discharged if substantially more burdensome for parties to perform promised acts

Question 26

commercial impractibility

Answer 26

anticipated perf must be sig more difficult or costly and added burden of perf must not have been foreseeable by parties when contract - made

Question 27

frustration of purpose

Answer 27

contract discharged if unforeseen supervening circumstanc emake it impossible to attiain purpose both parties had in mind when contract made

Question 28

force majeure event clause

Answer 28

contractual provisio which excuses 1 or both parties perf obligations hwne circumstance arises which is beoyond the parties control and make perf o the contract impractival or impossible