Performance-Agreement Flashcards

1
Q

Other Principle #1

A

A contract may still be void even if terms are not explicitly stated in a contact as they may be implied by law, custom, or previous dealing.

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2
Q

Other Principle #2

A

If the purpose of the contract is lost (condition is not fulfilled), then the contract is void from the date of the breach. Repudiation.

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3
Q

Other Principle #3

A

If a warranty is not fulfilled, then monetary compensation is required. Not sufficient to void the contract.

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4
Q

Other Principle #4

A

In partial performance, the non-breaching party is allowed to accept the performance or break the agreement. It would depend on the terms and conditions. It also depends if partial performance is of a condition or a warranty, the remedies would then be different.

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5
Q

Other Principle #5

A

Termination or frustration results in discharge of a contract.

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