Performance breech and dishcharge

Question 1

Who has the risk of loss for a non-carrier? (just delivering stuff)

Answer 1

If the seller is a merchant, the risk of loss stays on the seller until the buyer takes possession.

if the seller is not a merchant, he bears the risk of loss until he makes them available to you

Question 2

who bears the risk of loss when its a carrier/ (middle man like fedex)

Answer 2

we must first see if its a shipment contract or a destination contract.

For shipment, the rule is that the seller only has risk of loss until he hands it to the middle man

For destination, the seller has risk of loss until it arrives at the buyer

Question 3

Modification of a contract?

Answer 3

1. Common law, if you modify you need new consideration
2. At UCC, do not need new consideration but do need good faith between parties. Also can have clauses that ban it.
3. Can also have mutual modification.

Question 4

mutual modification?

Answer 4

Commonly occurs when something happens that wold make a party do more work than they thought, so they mutually modify.

You can mutually modify your performance to increase pay, because the performance will be different than you thought it was.

Question 5

Types of conditions for contracts?

Answer 5

Some events that may or have to occur that impacts performance

precedent
concurrent
subsequent

Question 6

exceptions

Answer 6

1. Waiver of condition
   
   1. john said “forget about it”
2. If one party acts in bad faith it will not discharge the,

   EX: You didn't even try to meet the condition 

3. Avoiding forfeiture

    1. Some kind of great loss would occur

Question 7

Non-conforming goods

Answer 7

1. I send you non-conforming goods
   
   1. can accept
      
      1. You’re gonna pay the amount for the goods in the original contract
   2. can reject
      
      1. Must do so in reasonable amount of time
   3. Can accept in part and reject in part

Question 8

If seller had reasonable grounds to think you would accept nonconforming goods, can they fix delivery?

Answer 8

Yes, if you give reasonable notice and deliver in reasonable amount of time

Question 9

If i send you nonconforming goods prior to deadline day?

Answer 9

Can fix it by reasonable notice and sending the right stuff by the delivery date

Question 10

Nonconforming goods in an installment contract?

Answer 10

1. If the nonconforming lot impairs the value of the whole contract then it is a total breech
2. if the Nonconforming shipment only effects that shipment, and you cant cure it, then you can reject that shipment
   1. If you CAN cure it, then you must accept the right stuff

Question 11

If i send you the goods and say it’s an accommodation?

Answer 11

You can reject or accept

Question 12

Discharge of performance?

Answer 12

1. Impracticability
2. Impossibility
3. Frustration of purpose
4. Anticipatory reputation

Question 13

Impracticability

Answer 13

1. Unforeseen circumstances that occur after the contract was entered that now makes performance impractical

        1. usually becomes insanely too costly, expensive. Losing deal or obscene. 
   
        2. Cost of gas became so expensive that now im going to lose money on a contract

Question 14

Impossibility

Answer 14

1. Something occurred that made performance impossible

        1. Supposed to sell you my car, but a hurricane blew my car away now. 

2. If the impossibility is temporary then you must perform

Question 15

frustration of purpose

Answer 15

Whole core reason you entered into contract no longer exists

Question 16

anticipatory reputation

Answer 16

1. Before a contract is going to be performed one party calla the other and unequivocally refuses to perform the contract
2. Refusal to perform is absolute
3. Can either sue for breech or wait for performance

Question 17

What if you have reason to believe I won’t perform?

Answer 17

you have right to demand assurances in writing.

IF you give assurances I must wait.

Question 18

Can a party who repudiated take back a reputation?

Answer 18

Yes, if.

1. Unless other party has already sued
2. They’ve accepted reputation
3. They have relied on the reputation