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Flashcards in Contracts: Performance & Remedies Deck (7)
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1

Performance

Precedent: qualify for mortgage
Subsequent: sumbit proof of loss from fire
Concurrent: tender money for tender of goods

2

Discharge by agreement or party action

- failure of conditions (condition precedent doesn't occur)
- Discharge by agreement
- Release: writing, voluntary, consideration
- Waiver: relinquishment of rights
- Mutual Rescission: agree no more debts
- Novation: new party is substituted
- Accord & Satisfaction: satisfy original contract either by original or different performance

3

Discharge by operation of law

- Statute of limitations
- bankruptcy decree
- impossibility/impracticability
- death or insanity
- destruction of subject matter
- illegality
- commercial impracticability

4

Discharge by performance

- each party has completed its obligations
- Substantial Performance
- any deviation done in good faith for practical reasons
- Personal satisfaction (reasonable person)
- Anticipatory breach (repudiation prior to performance and begin to pursue remedies)

5

Discharge by material breach

if one party materially breaches, the other is no longer required to perform.

6

Damages

- nominal
- compensatory
- Incidental
- consequential
- punitative (punishment)
- Liquidated (agreed to specific sum in contract)

7

Remedies

- Specific Performance (force performance)
- Rescission & Restitution (same as b4 contract)
- Reformation (court correction of contract)
- Quasi-contract recovery (no contract, avoid unjust enrichment)

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