Excuses For Non Performance

Question 1

Satisfaction Clause

Answer 1

Measured by reasonable person

Question 2

Failure to cooperate

Answer 2

Excuse if one party didn’t act in good faith

Question 3

Waiver of condition

Answer 3

Voluntarily give up condition (has to be by person who condition would have benefited)

Question 4

Anticipatory Repudiation

Answer 4

Early statement of non performance, excuses innocent party

Question 5

Failure to give adequate assurances

Answer 5

Can ask for assurance that other party will perform

If none given&raquo_space;> anticipatory repudiation

Question 6

Agreements that excuse K

Answer 6

Recission: both agree to cancel

Modification: replace K w/ new 1

Accord & Satisfaction: agree to accept
dif performance

Notation: both parties agree to substitute new party for existing

Impossibility: later unforeseen event makes it impossible to perform

Death of material person

Frustration of purpose: both parties must know

Question 7

Mistake (excusing performance)

Answer 7

Only if it is mutual and about a material fact

Question 8

Unilateral Mistake

Answer 8

1. Material mistake by 1 party
2. Either
   •non mistaken party should know mistake
   OR
   •enforcement of mistake would make K unconscionable