Performance Issues in CL K Flashcards

1
Q

If one party has substantially performed, the other party is

A

obligated to perform and complete performance.

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2
Q

What is “substantial”?

A

usually considered at least halfway complete

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3
Q

Under common law, material breaches by the other party

A

excuse performance

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4
Q

Is failure to perform by the time stated in the K a material breach?

A

Not if the performance is rendered within a reasonable time after the time stated BUT

if there is a “time is of the essence clause” then it may be a material breach. Arises if one party indicates as a term of the K that the performance by a given date is ESSENTIAL.

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