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Flashcards in Page 47 Deck (10):

If a party performs one or more parts of a divisible contract, but breaches the other parts, can he still collect the contract price for the ones he performed?

Yes, divisible contracts essentially split the portions into the divisible performances


If, under the UCC, a seller reasonably believed the goods were acceptable, but they were rejected for nonconformance, what can the seller do?

He can seasonably notify the buyer of his intent to cure, and is given further reasonable time after the time for performance to tender conforming goods


After rejection of nonconforming goods, and the other party notifies of intention to cure, and re-tenders a conforming delivery within a reasonable time, what must the buyer do?

Accept the goods


If a buyer accepted nonconforming goods under the UCC, what are the situations that would allow him to later reject them?

- if he reasonably believed they would be cured and they weren't
- if he didn't discover the nonconformity because it was reasonably undiscoverable or he was lulled by the seller's assurances
*** must happen within a reasonable time after discovery and buyer must notify seller of the rejection


What is restitution?

Obligation to pay for benefits gotten even if there is no promise


What is a force majeure?

Unexpected and disruptive event that can excuse a party from contract


If a party doesn't include a for meseeable risk in a contract, what does that mean?

They can't use impracticability as a defense


How should Contingencies in a contract be described in order to ensure protection?

With particularity and specificity (and the contingency must be either specifically listed or very similar to what is listed in order to count)


How do you avoid the specificity requirement for writing in contingencies in a contract?

Can say "including but not limited to"


If there's a contact for someone to serve another for a year, and the other person repudiates before performance, but the first person also dies before performance, what happens?

No recovery because the other party must be able to show he was ready, willing, and able to perform but for the repudiation, which he wasn't because he was dead