Chapter 5 & 6 Flashcards
Contingent contract:
Ch 5
A “contingent contract” is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen.
Performance of a Contract:
A contract is said to have been performed when the parties to a contract either perform or offer to perform their respective promises.
Actual performance:
When the promisor has made the performance in accordance with the terms of the contract and is accepted by the promisee it is called an actual performance.
Attempted performance:
When promisor has made an offer of performance but the offer of performance of promisor is not
accepted by the promisee. Attempted performance is also known as tender.
Discharge of contract:
A contractis said to be discharged either by performance or when contractual relations between the parties to a contract are terminated or comes to an end otherwise.