Exam 17: Performance And Discharge

Assume that Jessie and Lester have formed a contract whereby Jessie agrees to deliver 10,000 dozen "Grade A Large Eggs" to be shipped in recycled paper cartons.A shortage of paper makes paper cartons much more expensive,so Jessie uses styrofoam cartons and ships the eggs.Lester is entitled to cancel the contract based on this deviation of terms in the contract.

The legal right to sue for a breach of contract is subject to a statute of limitations.

A contract between a company in the U.S.and one in China,contained a clause that stated: "If an event happens which is extraordinary and out of the control of the parties such as a strike,act of God,fire,accident,or transportation difficulties,then the affected party shall be relieved of its obligations under the contract." This type of clause is:

In January,All Seasons,Inc.ordered $4000 of fireworks from Kaboom Ltd.with delivery to be on or before June 1.On April 15,Kaboom notifies All Seasons that it will not be able to perform the contract as agreed.How will the law characterize Kaboom's actions? Does All Seasons have to wait until June 1 before buying fireworks from another supplier?

In January 2008,Professor Noe entered into a contract with State University.She agreed to teach full time during the 2008-2009 academic year.Professor Noe died on May 31,2008.Her estate:

The UCC recognizes commercial impracticability as a ground for discharge of a contract.

Identify four factors courts consider in deciding the validity of commercial impracticability and frustration of purpose claims.

Jennifer substantially performs her service contract with Gretchen.Due to Jennifer's failure to render complete performance,Gretchen:

Oxtron,Inc.substantially performed its obligations under a service contract.Oxtron is entitled to receive:

As set forth in the Restatement Second of Contracts,which of the following duties are imposed on the parties in the performance and enforcement of a contract?

M & E contracted to sell 500 music stands to Coda,Inc.M & E shipped the stands in accordance with the agreement.Coda paid for the stands as promised.The contract between M & E and Coda is discharged by:

Concurrent conditions arise when there is both a condition precedent and a condition subsequent.

Harry agreed to pay $100 to rent a rooftop spot in downtown Seattle to watch the New Year's Eve festivities.The festivities were unexpectedly cancelled because of concern over a terrorist attack.Harry is:

Name and describe the types of conditions,explain how conditions are created,and discuss whether it is important to identify the type of condition in a contract.

Monumental,Inc.contracts with Champion Builders to erect a three-story office building on a parcel of land it has purchased.Before construction begins,the local zoning board changes the zoning of the parcel and those adjoining it to residential use only.Monumental's contract with Champion is discharged.

Ramon purchased 5,000 pounds of coffee from Quick Jump Coffee.The coffee was to be delivered on September 1.Since the contract included a date for performance,time is of the essence and the delivery date is strictly enforceable.

Generally,neither a "time is of the essence" clause nor a "force majeure" clause will be recognized by the courts because these types of clauses are seen as a violation of public policy.

Sam,the seller,enters into a contract agreement to buy Betty Lou's house on the condition that he is able to secure financing at or below 6% per year.This is a:

If a condition does not occur:

Al contracted to sell his house to Bev.Subsequently,they both changed their minds and agreed to cancel the contract.The contract between Al and Bev is discharged by: