Varying a Contract Flashcards
1
Q
What is required to terminate a contract early when both sides have yet to perform?
A
Nothing
2
Q
What is required to terminate a contract early when one side has performed fully already?
A
Fresh consideration, or a deed
3
Q
What is required if both parties agree for partial performance (actual agreement and not just because a party was forced to accept partial performance)?
A
A revised price, or else the amount will be assessed on a quantum meruit basis
4
Q
What is required to vary an agreement?
A
Fresh consideration, or a deed or a waiver
5
Q
What type of term is a party breaching, if they don’t allow the other party to perform their obligations?
A
Breach of condition