Chapter 10 TEST 2 Flashcards
Novation
Occurs when both of the parties to a contract agree to substitute a third party for one of the original parties
New contract, old contract has been descended. Not a delegation of duties
Tender
and unconditional offer to preform by a person who’s is ready, willing, and able to do so.
Tender performance, showing the man contract that he agreed to by car, brought his car even though he wants to back out, man selling the car can sue him because he didnt tender performance.
Same vice versa
Agreement, Consideration, Capacity, ?????
4 things to make a contract
Condition
A possible future event, the occurrence or nonoccurrence of which will trigger the performance of legal obligation or terminate an existing obligation under a contact.
I agree to sell you my 50,000 car for 25,000 IF the jaguars beat Arkansas state tonight.
Conditions subsequent
We have an agreement unless X and/or Y happen
Condition precendant
Must happen before contract is in effect