Exam 18: Performance and Remedies

What is the term for a condition that is specified in a contract?

Performance under a contract must be within a reasonable time when:

Justin agrees to start a life-size portrait of Julia beginning November 2.On October 28 he writes to Julia that due to unforeseeable circumstances,he would not be able to perform his promise.Justin has used the doctrine of:

A ________ occurs when the contract calls for the parties to perform at the same time.

Paul contracts to sell his home to Dee for $100,000.The sale,which was negotiated by a broker for two parties who never met,was set to close on September 1.On July 15,Paul discovers the identity of the buyer,and immediately writes Dee to tell him that there is no way he will ever sell his house to "some hippy." Must Dee wait until September 1 to sue Paul for breach of contract?

Mr.Green contracts to repair his roof with Mr.Brown.Prior to the work starting a tornado destroys Mr.Green's home.Mr.Brown fails to perform under the contract,but the court will not consider Mr.Brown to be in breach due to impossibility.

The term condition means an event that may affect a party's duty to perform under a contract.

Kyle promised to mow Heidi's lawn for $20 and clean her gutters for $50,but only mowed the lawn.Which of the following is true of Kyle?

A condition subsequent cannot be a valid reason for the discharge of a duty.

The legal remedy of ________ requires the defendant to pay the value of the benefits that the plaintiff has conferred on him.

Which of the following is a remedy for a party that is in material breach of a contract but has incurred economic harm by already performing substantially for the contract?

What is the law's main purpose in imposing the implied covenant of good faith and fair dealing?

An uncertain future event,the occurrence of which is necessary for the existence of a contractual obligation is called:

On October 31,a Congressional candidate orders a quantity of campaign literature from a local printer.The stated time of performance is November 2.November 8 is Election Day.The literature is not delivered until November 9.Thus,the candidate refuses to pay.Is this position justified? Why or why not? Assume that nothing was said in the contract about time being of the essence.

Arthur and Brian have entered into a contract with an enforceable liquidated damages provision that states that Ben's recovery will be $10,000 in the event of Arthur's breach.Arthur breaches the contract.Ben loses $50,000 in consequential damages as a result.Ben's recovery is limited to $10,000.

If there is no time specified in contract by the parties,then it is presumed that performance shall be completed whenever possible.

Bill contracts to build a building for Harvey.A few changes in the building code that were made after the contract was signed will increase Bill's costs in performing his duties.He is excused from performance under the contract.

Pat promises to install granite countertops in the home at 123 Main Street that Bruce is purchasing "provided that the escrow on the sale of 123 Main Street closes." The close of escrow on the sale of 123 Main Street is a condition precedent to Pat's promise.

Frank hires Saul to landscape his yard,but when Saul attempts to begin landscaping,Frank refuses to allow Saul to enter the land.Which of the following statements is true?

Which of the following is also known as an implied-in-law condition since they are imposed by law rather than by agreement of the parties?