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10 Cards in this Set
- Front
- Back
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Effect of Excuse of Condition
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The excuse of a condition renders the contingent duty to perform immediately due.
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Tender of Performance
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Tender of performance is a demonstration of present willingness and ability to perform.
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Excuse of Condition: Improper Rejection
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Where a party's performance is a condition precedent to the other’s duty to perform, then the improper rejection of a tender of performance will excuse the nonoccurrence of the condition precedent and the rejecting party's duty to perform becomes due.
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Scenario: Excuse by Improper Rejection
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When each party's duty to perform is subject to a concurrent condition, one party may sekk to avoid performance by improperly rejecting the other party's tender of performance.
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Excuse of Condition: Failure of Prior Condition
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The failure of a condition will excuse the nonoccurrence of any dependent conditions.
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Excuse of Condition: Unfair Forfeiture
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The nonoccurrence of a condition may be excused if it would cause a disproportionate forfeiture unless its occurrence was a material part of the agreed exchange. If requiring the fulfilling of an incidental condition will result in a forfeiture, the nonoccurrence of the condition will ordinarily be excused.
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Excuse of Condition: Impossibility of Ancillary Conditions
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If the fulfillment of a condition becomes objectively impossible, the condition may be excused as long as the condition is not a material part of the agreed exchange.
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Excuse of Condition: Anticipatory Repudiation/Voluntary Disablement/
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In bilateral contracts, an anticipatory repudiation has the legal effect of excusing the conditions that may have shielded the repudiating party’s duty to perform. Repudiation, voluntary disablement and prospective inability excuses the nonoccurrence of conditions to the performance that has been repudiated.
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Excuse of Condition: Interference/Bad Faith Conduct
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If a party prevents or interferes with by act or omission the other party's efforts to satisfy a condition, then the nonoccurrence of the condition is excused due to bad faith conduct.
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Excuse of Condition: Waiver
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The nonoccurrence of a condition is excused by waiver by the party whose duty was subject to the nonoccurring condition.
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