Exam 17: Performance and Discharge

Quito contracts with Rewind Graphix,Inc.,to pay $5,000 for its work on the animated film "Song." After Rewind performs,they sign an accord,in which Quito promises to pay $4,000 within ten days instead of $5,000 later.But Quito does not pay.Rewind can sue Quito under

Express conditions are provided for by the parties' agreement.

Jane and Kelly want Lucy to replace Kelly as a party to their con?tract.They can best accomplish this by

Belle enters into a contract to subdivide and sell housing lots in Colin's hillside field if Dell City annexes the property within the next year.Belle's duty to perform is

In most contracts,promises of performance are not expressly conditioned.

Even-Bilt Construction contracts to build a warehouse for Discount E-Sales Company.Even-Bilt completely performs.Discount E-Sales is entitled to

When a contract party alters a written contract,the other party must adapt his or her performance accordingly.

A contract comes to an end when both parties fulfill their respective duties by performing the acts they have promised.

Elton and Florida sign a contract by which Elton agrees to deliver and install a utility sink on May 15 in exchange for Florida's promise to pay the $150 price on May 15.The delivery and installation of the sink and the payment of the price are ex?amples of

Anticipatory repudiation discharges a contract.

A party who substantially performs his or her duties under a con?tract can enforce the contract against the other party.

Frisco agrees to lease an apart?ment from Gina for one day to see Harry,the president of the United States,deliver a speech in the street below.The speech is can?celed ten days before its scheduled date.The con?tract

Safe-T Guard Services enters into a contract to secure Taylor's Business Park from vandalism and theft between 6 p.m.and 6 a.m.nightly for six months.At the end of the term,if there has been no vandalism or theft in the Park,Safe-T's performance will have been

Tender is an unconditional offer to perform.

A breach of contract occurs only when a party fails to perform all of his or her duties under a contract.

A party's obligations under a contract may be excused if,due to an unforeseen circumstance,the party's benefit will be reduced.

When a condition operates to terminate a party's promise to per?for?m,it is a condition subsequent.

If no time for performance is stated in a contract,any time is acceptable.

Fact Pattern 17-A2 (Questions A16-A19 apply) Evelyn,who owns and operates Eve's Farm & Garden Company,agrees to sell Hill & Dale Produce,Inc.,fifty bush?els of apples. -Refer to Fact Pattern 17-A2.Evelyn dies before the apples are delivered to Hill & Dale.Evelyn's contract with Hill & Dale is

An event must be certain to occur to constitute a contractual condition.