Contract: Performance Flashcards

1
Q

A residential lease

A

is not required to be in writing but if it is in writing just a description of the property is needed

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2
Q

Common law on residential leases assume

A

that rent is due at the end of the month

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3
Q

The Statue of frauds only applies to contracts for

A

sale of goods
a transfer of interest in land
promises to pay for the debts of another
or contracts that cannot be performed within one year

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4
Q

In the case of Substantial performance

A

remedy is limited to the damages caused by the reduced performance

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5
Q

Both accord and satisfaction and mutual rescission

A

will discharge a party’s obligation to perform under the original contract when no party has performed

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6
Q

Contracts are generally assignable. What are the Nonassignable contracts?

A

personal service
personal satisfaction of one of the parties
contracts that state that the contract is not assignable
contracts that would treat the nonassigning party unfairly

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