Performance

Question 1

Covenant

Answer 1

Absolute duty to perform, failure to perform constitutes a breach. I agree, I promise…

Question 2

Conditions

Answer 2

An act or event the happening of which either creates or extinguishes a duty to perform. Failure to perform prevents a duty from arising. Provided that, On the Condition that…

Question 3

Types of Condition

Answer 3

Express - Explicitly state in contract, substantial compliance is not sufficeint. Satisfaction, Fitness or Utitlity (RPT), 3rd party satisfaction, Time of the essence.

Implied - Implied in contract for fairness/justice, look to intent of parties. Cooperation, Good Faith, Workmanlike Manner, all RPT.

Implied In Law - Constructive Conditions. Precedent, Concurrent, Subsequent.

Question 4

Satisfaction of Condition

Answer 4

Complete Performance - Duty arises

Substantial Performance - Not on Express Conditions. If a Minor deviation, defendant got substantially what they bargained for, can be reimbursed for what they did not get, great hardship on plaintiff if denied recovery and deviation not willful. Will recover either cost of completion or diminution in value.

Divisibility - 1) contract can be divided 2) division will still provide essentially what was bargained for, 3) price per unit can be determined, and 4) contract does not call for whole performance.

Question 5

Excuse of Condition

Answer 5

SWAP DIVE

1) Substantial Performance
2) Waiver
3) Anticipatory Repudiation
4) Prevention
5) Divisibility
6) Impossibility of Performance
7) Voluntary Disablement
8) Estoppel