Conditions

Question 1

At common law, ______________ will excuse a contract condition.

Answer 1

An estoppel waiver.

Question 2

The doctrine of anticipatory repudiation applies to:

Answer 2

Only bilateral contracts with executory duties on both sides

Question 3

In some cases, the condition of complete performance may be excused if a party has rendered __________.

Answer 3

Substantial Performance.

Question 4

A condition __________ is one that must occur before the duty of performance will arise.

Answer 4

Precedent

Question 5

The occurrence of a condition __________ will cut off an already existing duty of performance.

Answer 5

Subsequent.

Question 6

Conditions ______ are those that are capable of occurring together, and that the parties are bound to perform at the same time.

Answer 6

Concurrent.

Question 7

__________ binds a party to perform under a contract; __________ creates or extinguishes a duty to perform under the contract.

Answer 7

A promise; a condition

Question 8

A prospective inability or unwillingness to perform occurs when one party has reasonable grounds to believe

Answer 8

that the other party will be unable or unwilling to perform when performance is due.

Question 9

In the case of an anticipatory repudiation, the nonrepudiating party may either

Answer 9

sue immediately or choose to wait until the performance date to sue

Question 10

A court will apply the doctrine of “substantial performance” to excuse the condition of complete performance in the case of:

Answer 10

A constructive condition and a minor breach

Question 11

Nonfulfillment of a condition __________.

Answer 11

will excuse a duty to perform that was subject to the condition.

Question 12

What is the difference between a condition precedent and a condition subsequent?

Answer 12

A condition precedent is one that must occur before the duty of performance will arise; the occurrence of a condition subsequent will cut off an already existing duty of performance.

Question 13

An anticipatory repudiation __________.

Answer 13

Must be unequivocal.

Question 14

Under the doctrine of substantial performance, can one party recover damages for the other party’s incomplete performance?

Answer 14

Yes, that party will be able to deduct any damages suffered due to the incomplete performance

Question 15

When a party having the benefit of an ancillary condition under a contract indicates by words or conduct (and without receiving any additional consideration) that she will not insist on that condition being met, this is called __________.

Answer 15

Waiver

Question 16

Constructive conditions are also known as:

Answer 16

Implied Conditions

Question 17

A condition that must occur before an absolute duty of immediate performance arises in the other party is a __________.

Answer 17

Condition Precedent

Question 18

If, prior to the time set for performance, the promisor indicates that he will not perform when the time comes, this is known as:

Answer 18

Anticipatory Repudiation.

Question 19

Can a repudiating party retract his anticipatory repudiation before his performance is due?

Answer 19

Yes, unless the other party has materially changed her position in reliance on the repudiation.

Question 20

A waiver severs the right to

Answer 20

treat the failure of the condition as a total breach excusing counterperformance.

Question 21

The doctrine of “substantial performance” generally does not apply to __________.

Answer 21

contracts for the sale of goods.

Question 22

Material breach, waiver, and substantial performance each suffice to

Answer 22

excuse a condition and relieve a party of the duty to perform.

Question 23

What is a key distinction between an anticipatory repudiation and a prospective failure to perform?

Answer 23

Repudiation must be unequivocal, whereas prospective failure to perform involves mere doubts.

Question 24

So long as the time for performance has not yet passed, a repudiating party may withdraw his repudiation __________.

Answer 24

unless the other party has indicated that she considers the repudiation final

Question 25

When a party indicates that she is “waiving” a condition before it is to happen, and the person addressed detrimentally relies on the waiver, a court will hold this to be __________.

Answer 25

An estoppel waiver.

Question 26

How can a repudiating party retract an anticipatory repudiation?

Answer 26

In any manner that clearly indicates an intention to perform

Question 27

When a condition is not satisfied or a duty of performance is broken, and the beneficiary of the condition or duty nevertheless chooses to continue under the contract, a court will hold this to be __________.

Answer 27

An election waiver.