Conditions and Performance Flashcards
Can Artemis enforce the Waitress’ duty to pay under the March contract if (1) in March, the Waitress entered into contract for Artemis to provide her with postcards for her wedding, (2) Artemis must deliver by 7/15, (3) in May, Waitress and Charlie called off their wedding but still wanted the cards, (4) Artemis no longer needed to meet the 7/15 deadline so she took another job, (5) on 6/25, Waitress and Charlie reconciled to have the wedding again, so she told Artemis that she needed the cards by 7/15 again, (6) Artemis breached another contract but could only delivery by 7/18?
Yes b/c Waitress impermissibly reinstated the 7/15 deadline - Waitress would have been allowed to reinstate the 7/15 condition after having waived it as long as Artemis did not detrimentally rely on the Waitress’ waiver - since Artemis got another contract b/c of the waiver, Waitress cannot reinstate the 7/15 condition and was bound to pay for Artemis’ performance despite not meeting the 7/15 condition
When does Charlie have to deliver a deed to Mac if (1) Charlie entered into contract to sell land to Mac for $50K, (2) Mac is paying in installments of $10K every year, (3) contract silent on when Charlie needs to deliver the deed?
4th anniversary when Mac tenders the last installment payment - since only Mac requires a period of time to perform, he must complete performance before Charlie is required to perform unless their contract says otherwise - Mac must complete all 5 payments before Charlie is obligated to deliver the deed
