Contracts (Condition,Breach,Discharge) Flashcards

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1
Q

What is the difference between anticipatory repudiation and an expression of doubt?

A

A party who recieves an anticipatory repudiation has the right to request assurances and cancel the K. An expression of doubt does not allow for cancellation of K

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2
Q

T/F

Repudiations must be in writing

A

False

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3
Q

What happens if failure to perform constitutes a minor breach as it relates to the K terms?

A

Can’t cancel the K, but can sue for damages

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4
Q

What happens if failure to perform constitutes a material breach as it relates to the K terms?

A

K can be cancelled and can sue for damages

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5
Q

Which situtation is more align with a breach of K - not beginning on time or not finishing on time?

A

Not finishing on time

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6
Q

How should you weigh terms handwritten by the parties?

A

As essential, material terms

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7
Q

A contract can be reformed to reflect the original intent of the parties where there has been a:

A

mutual mistake in the integration

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8
Q

Under the UCC, an acceptance with additional terms does not constitute a rejection and counteroffer, but rather is :

A

an effective acceptance unless made expressly conditional on the assent to the additional terms.

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