Excuse of improper performance.

Question 1

look for`:

Answer 1

1. nonperformance 2. something happened after the K

Question 2

common law material breach rule

Answer 2

1. damages can be recovered for any breach
2. only material breach excuses you from performing (less than 50% bargain of the deal)
3. materiality is a question of FACT

Question 3

Divisible contract exception for material breach rule

Answer 3

you can do the division of how much everything was worth, PAY THE GUY FOR THE WORK HE DID.

Question 4

Art 2 sale of goods when there is a minor breach

Answer 4

VIOLATION OF THE PERFECT TENDER RULE - even if it’s 99% correct and 1% wrong, NO PAYMENT.