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15 Cards in this Set

  • Front
  • Back
Any fact or event other than lapse of time which qualifies a promisor's present duty of performance
Pre-Existing Duty Rule
an enforceable agreement to modify a contract requires consideration on both sides
Shipment of non-conforming goods
When a seller ships non-conforming goods, the buyer does have a claim for breach of contract
Material Breach & Bilateral Contracts
In a bilateral contract, whenever one party commits a material breach, that discharges the other party from his duties and obligations under the contract
Material Breach
Whenever the failure of performance defeats the purpose of the contract
Recovery for Substantial Performance
In order to recover for substantial performance, a builder must substantially perform except for "defects of trivial or minor importance"
Mistake of both parties as to the contents/effects of a contract
Where a writing embodies an agreement in whole or in part fails to express the agreement b/c of a mistake of both parties as to the contents/effects of the writing, the court may at the request of a party, reform the writing to express the true agreement
3rd party beneficiaries rights when no contract is entered into
A promise creates no duty to a beneficiary unless a contract is formed b/t the promisor and the promisee
A manifestation of intention by the owner of right, presently to transfer that right to the assignee
**assignments need not be permitted in the underlying contract in order to be effective
Rules of contract interpretation
1) a specific term is to ber preferred over any conflictin general terms
2) express terms have greater weight than course of dealing
3) course of dealin has greater weight than trade ussage
Perfect tender rule
a buyer may reject at any time if the goods or the tender of delivery fail in any respect to conform to the contract
Is delay in the delivery of goods a material breach under the UCC?
Yes, ANY delay (except in non-installment contracts) is a material breach
Doctrine of Substantial Performance in Contracts for the Sale of Goods
Does not apply - primary application is in cases dealing w/ building or construction contracts
May a seller cure a defective tender after the time for performance has passed?
Yes, if
1)he has reasonable grounds to believe that a non conforming tender would be acceptable
2) the seller reasonably notifies the buye of his intention to cure
3)he cures within a reasonable time
Is a contractual obligation created if a doctor makes repeated promises that a surgery will be successful?
Yes - this creates a contractual relationship