Contracts (Condition,Breach,Discharge) Flashcards
What is the difference between anticipatory repudiation and an expression of doubt?
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
T/F
Repudiations must be in writing
False
What happens if failure to perform constitutes a minor breach as it relates to the K terms?
Can’t cancel the K, but can sue for damages
What happens if failure to perform constitutes a material breach as it relates to the K terms?
K can be cancelled and can sue for damages
Which situtation is more align with a breach of K - not beginning on time or not finishing on time?
Not finishing on time
How should you weigh terms handwritten by the parties?
As essential, material terms
A contract can be reformed to reflect the original intent of the parties where there has been a:
mutual mistake in the integration
Under the UCC, an acceptance with additional terms does not constitute a rejection and counteroffer, but rather is :
an effective acceptance unless made expressly conditional on the assent to the additional terms.