Excuse of conditions

Question 1

What are elements of anticipatory repudiation?

Answer 1

(1) There must be a repudiation, which is an unequivocal manifestation of
intent not to render the promised performance; and
(2) The repudiation must be anticipatory, i.e., it must arise before the time
for performance is due

Question 1

What are the conditions for extreme forfeiture?

Answer 1

Non-occurrence would cause lots of harm to the party whose performance was not dependent ton the the condition (obliger)
(disproportionate forfeiture)
and the condition is not a significant part of the exchange to the party whose performance was dependent on the occurrence of the condition.

Question 2

Failure of assurances : UCC and R2D

Answer 2

See UCC 2-609: When “reasonable grounds for insecurity arise with respect to the
performance of either party the other may in writing demand adequate assurance of due
performance and until he receives such assurance may if commercially reasonable suspend
performance for which he has not already received the agreed return.”

See R2D 251: When “reasonable grounds arise to believe that the obligor will commit a breach
by non-performance . . . the obligee may demand adequate assurance of due performance and
may, if reasonable, suspend performance for which he has not already received the agreed
exchange until he receives such assurance.”

Question 3

What are the elements of impractibility?

Answer 3

5 Elements of Impracticability
(1) Occurrence of an unforeseen event
(1) Which event makes a party’s performance impracticable, that is, so vitally different
from what was expected as to alter the essential nature of the performance
(1) Non-occurrence of the event was a basic assumption on which the parties made the
contract.
(1) The party claiming impracticability had no fault in causing the event.
(1) The party claiming impracticability did not assume the risk because:
a. The contract does not assign the risk, OR
b. She could not foresee the event and therefore did not choose to undertake the
risk; OR
c. The event was not within her control and she was therefore not in the best
position to avoid the loss.