Restrictions on the Right to Terminate Flashcards
1
Q
What are the restrictions for a party to terminate a contract if another party has prima facie?
A
- Party purporting to terminate elected to affirm the contract
- Party purporting to terminate was not ready and willing to perform the contract
- Party purporting to terminate was estopped from terminating the contract
- There has been a waiver
- Relief against forfeiture would be granted
- There are express terms (if expressed clearly) that restricts other party from terminating
- Unconscionable termination of the contract constitutes statutory unconscionability of ACL
- Termination under an express contractual right to terminate breaches an implied duty of good faith
2
Q
A