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8 Cards in this Set
- Front
- Back
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Legal significance of promise, conditions, and promissory conditions.
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If a promise is not performed, promisor is liable for breach of contract. If a condition is not fulfilled, the obligation under the contract does not become due. If a promissory condition is not performed, then the promisor is liable for breach of contract AND the obligation does not become due.
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Condition v. insignificant terms
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Internatio - timing was critical, Chrichella - just statement about general timing
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Courts hate forfeitures
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Standards of preference with regards to conditions - RS 227. Howard - tobacco thing was just a promise, insurance company still liable.
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Waiver
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Another way to get around conditions! RS 84 - Waiver, Clark v. West, drunk professor case
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Jacob and Youngs v. Kent
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Because there has been substantial performance, measure of allowance is not the cost of replacement (which would be a forfeiture) but the difference in value (just the value of the breach?)
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Perfect tender rule, cure
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Ramirez, UCC 2-508, chance to cure etc
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Repudiation defined
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RS 250, A statement that the obligee will commit a material breach. Hochester v. DeLaTour - after the contract is renounced, the plaintiff should consider himself free from an performance. Requirements - Harrell v. Sea Colony. It is a material breach! RS 253.
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You can ask for assurances, and if they're not given it can be a repudiation!
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RS 251. However must make a proper request under UCC 2-609.
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