Performance

Question 1

Performance Common Law

Answer 1

Under the common law, substantial performance + money damages = full performance.

Question 2

Performance UCC

Answer 2

Under the UCC perfect tender which means that the seller must deliver perfectly conforming goods in accordance with the terms of the contract.

Question 3

Discharge of Duty to Perform

Answer 3

Discharge of Duty

1. Impossibility, Impracticability
2. Frustration of Purpose
3. Modification
4. Mutual Rescission
5. Novation
6. Accord & Satisfaction

Question 4

Perfect Tender

Answer 4

Under the UCC, sellers must perfectly tendered. To mitigate the harshness of the perfect tender rule, the UCC allows sellers the right to cure.

Question 5

Substantial Performance

Answer 5

Under the common law, substantial performance + money damages = full performance.

Question 6

Issues of Performance

Answer 6

1. Performance
   
   1. Conditions
      
      1. Types–
         
         1. Express/implied/constructive
         2. Precdt/concurrnt/ subseqnt
      2. Excuse-Wrong/Vol/AR/Waiv/Estpl
      3. Satisfaction
   2. Discharge of Duty
      
      1. Impossibility, Impracticability
      2. Frustration of Purpose
      3. Modification
      4. Mutual Rescission
      5. Novation
      6. Accord & Satisfaction
   3. Breach – Major v. Minor Breach

Question 8

Governing Law

Answer 8

U.C.C./COMMON LAW The common law governs contracts for the sale of goods. A good is tangible property that is moveable and identifiable at the time and of the formation of a contract.