Week 8 - Agreement Flashcards

1
Q

What must an agreement to abandon or vary a contract have?

A

Accord and satisfaction

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2
Q

What does accord mean?

A

Agreement

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3
Q

What does satisfaction mean?

A

Consideration, because the agreement must amount to a second contract

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4
Q

When is it easy to show consideration moves from both parties?

A

If neither party has performed their obligations

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5
Q

When is it hard to show consideration moves from both parties?

A

If one party has already performed part of their obligations

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6
Q

Bilateral discharge by agreement

A

If contract is still wholly or partially executory, each party is giving up their rights

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7
Q

Unilateral discharge by agreement

A

If one party has completely performed and the other party wants to be released from their obligations, they must provide some material benefit in return e.g compensation

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