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5 Cards in this Set
- Front
- Back
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Excuse |
Sometimes non-performance is justified when the party benefitting from the performance has committed acts that interfere with performance |
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Forfeiture as an Excuse |
When one party repeatedly allows for the nonoccurrence or occurrence of a breach and does nothing about it. They cannot all of the sudden claim they care and try and recover for it Waiver prevents forfeiture when it is not essential to the contract |
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§229. Excuse of a Condition to Avoid Forfeiture |
To the extent that the non-occurrence of a condition would cause disproportionate forfeiture, a court may excuse the non-occurrence of that condition unless its occurrence was a material part of the agreed exchange |
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Election |
Choosing a way to deal with a situation that would otherwise be a breach |
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Impossibility |
What happens when it cannot be performed? -Depends on the facts -How important was the failure? -Was it dependent? -Dependency of performances -Deal with both outcomes on the exam and address which one is better |
