Performance-Agreement Flashcards
Other Principle #1
A contract may still be void even if terms are not explicitly stated in a contact as they may be implied by law, custom, or previous dealing.
Other Principle #2
If the purpose of the contract is lost (condition is not fulfilled), then the contract is void from the date of the breach. Repudiation.
Other Principle #3
If a warranty is not fulfilled, then monetary compensation is required. Not sufficient to void the contract.
Other Principle #4
In partial performance, the non-breaching party is allowed to accept the performance or break the agreement. It would depend on the terms and conditions. It also depends if partial performance is of a condition or a warranty, the remedies would then be different.
Other Principle #5
Termination or frustration results in discharge of a contract.