Tender & Demand/Assignment Flashcards
1
Q
must be made before a contract can be considered breached
A
tender and demand
2
Q
when is tender and demand NOT needed
A
if performance on the other side is impossible/performance cannot be cured w.in a reas. time
3
Q
what does tender & demand show
A
your own compliance w/contract before the other side can be held in breach
4
Q
tender
A
the unconditional offer by one party to perform at least the minimum obligations owed under the contract
5
Q
assignment requires
A
the assignee to “step into the shoes of the assignor” and to effectively be bound by the same promises
6
Q
if there are material differences between the TWO contracts then….
A
it is NOT an assignment (is an indep. contract)
