Chapter 12 - performance discharge and remedies
What are the legal differences between a material and in material breach
The level of the performance of the contractual obligations and whether the court will discharge the contract
What must a party show to win a substantial performance lawsuit?
The breach was not intentional he or she acted in good faith
What is the term for the action of a party to a contract to notify the other party that he or she will not perform his or her duty under contract
Anticipatory repudiation
What remedies are available after an anticipatory repudiation
Cover requiring insurance and suspended performance
What is the imply duty in every contract that each party will deal fairly with the other?
Good faith
What is the difference between legal remedies and equitable remedies for breach of contract
Legal remedies are monetary while equitable remedies are non-monetary.
What is a standard to which most personal satisfaction contracts must
One satisfaction of the receiving party to satisfaction of a reasonable person
What is the principal that is applied to termin how much compensation a party receives in a quasi contract settlement
Quantum merit
Fred and Wilma enter into a contract for horse riding lessons for it accidentally types the price for the lessons to be four dollars each instead of 44 Wilma wishes to enforce this which remedy would be most affected
Reformation
What is the evaluation standard for a personal satisfaction contract
Subjective personal taste and objective reasonable person standard
How is substantial performance involved with the classification of material breeches versus immatrial breeches
Substantial performance involves a material breach
What does the law require for a personal service contract?
The personal service requirement must be stated.
What are the differences between legal and equitable remedies
What is monetary while the other requires actions instead of damages
In what situation could a party enforce strict performance?
When the requirement is reasonable and when the parties specifically agreed to it in the contract
Manual contracts to sell a painting that was painted by his diseased grandmother then has a charge of heart and decides to hang in his own bedroom he notifies Nadine the person who bite it can Nadine have the contract and force
Yes it can be enforced under the equitable remedy of specific performance
Levon contracts with Nathan for Nathan to sing at her comedy club every Friday night in July 1 Friday the crowd love Nathan the second they booed him the next week Nathan got a better offer so we hired his twin brother Ethan to fill-in can Levon compel Nathan to perform
Yes you can compel him under the equitable remedy of specific performance
Which of the following is an equitable remedy for breach of contract
an order for specific performance
What is the term for when a party to a contract performs his duties exactly according to the terms of the contract
strict performance
