Discharge

Question 1

Accord

Answer 1

an agreement to accept a different performance in satisfaction of the existing obligation. The amount due MUST BE DISPUTED!

Question 2

Novation

Answer 2

an agreement by both parties to substitute a different person to receive benefits and assume the duties of the original k. This extinguishes the contractual duties between the parties to the k so that the party being replaced is excused from liability

Question 3

Later unforeseen event

Answer 3

a later unforeseen event is something unexpected that takes place after contract formation but before performance. performances is excused if later unforeseen event creates an impossibility of performance.

Question 4

Impossibility of performance

Answer 4

1) the circumstances affecting the contract have changed
2) the change is not due to any act by the defendant
3) the change of the circumstances causes the performance to be objectively impossible

Question 5

Death of a party

Answer 5

does not excuse performance unless the party is necessary

Question 6

Express condition

Answer 6

language in a k stating that something must occur before someone’s performance is due. If not satisfied, performance is excused

Question 7

PER

Answer 7

always admissable to prove a condition precedent and clerical error

Question 8

anticipatory repudiation

Answer 8

where a party unambiguously states by words or conduct to the other party before the time of performance that she will not perform or that she is unable to perform, the other party is entitled to treat that as an anticipatory repudiation. this excuses performance and gives immediate right to sue for recovery

Question 9

What can nonrepudiating party do?

Answer 9

encourage performance or treat it as an offer to rescind