Business Law 17.0 Flashcards
Chapter 17
5 ways contracts can end
- expires by its terms
- full performance by the parties
- material breach by a party
- by agreement of the parties
- by operation of law
most common way that contracts end
full performance by the parties
contract conditions
sometimes contracts have conditions that must be met before the other party must perform (if you shovel my driveway i will give you money)
satisfaction of a party
one party must be satisfied before they are required to perform their part of the contract
rule for contract
if the subject matter of the contract is something that is subjective, then all that matters is that the party is satisfied (tailor example)
exception to the satisfaction of contract rule
if the contract involves something that is objective (measurable) then the party’s dissatisfaction must be reasonable
another rule for contracts
satisfaction of a 3rd party
material breach
significant breach, enough to matter (chopstick)
rule to determine material breach
we look at how much its off by and how much it costs
force majeure
superior force
what does force majeure mean
sometimes parties can be exercised from performing under a contract due to serious events that are out of control (natural disasters)