Excuses for NonPerformance

Question 1

Anticipatory Repudiation

Answer 1

Anticipatory repudiation occurs when one party to a contract clearly indicate, before his performance is due, that he will not perform.***

Question 2

Anticipatory Repudiation/Non-Repudiating Party

Answer 2

If repudiation occurs, the non-repudiating party’s duty to perform is discharged and he may sue for damages, contract with a third party, or do nothing.***

Question 3

Anticipatory Repudiation/Repudiating Party

Answer 3

A repudiating party has no right to perform the contract once he breaches it.***

Question 4

Prospective Inability to Perform

Answer 4

A prospective inability to perform occurs when a party has reasonable grounds to believe that the other party to a contract is unable or unwilling to perform. [Some expression of doubt is provided]. ***

Question 5

Prospective Inability to Perform/Innocent Party

Answer 5

If prospective inability to perform occurs, the innocent party may suspend performance until he receives adequate assurances that performance is forthcoming.***

Question 6

Impracticability and Impossibility

Answer 6

Impracticability or Impossibility may totally excuse or delay performance.

Question 7

Impracticability and Impossibility/Impracticability Define

Answer 7

Impracticability means the party to perform has encountered an extreme and unreasonable difficulty or expense and the difficulty was not participated.

Question 8

Impracticability and Impossibility/Impossibility Define

Answer 8

Impossibility means the contractual duties cannot be performed by anyone.

Question 9

Impracticability and Impossibility/Impossibility Must (2)

Answer 9

Impossibility must occur after contract formation and must not have been the promisor’s fault.