Exam 18: Performance and Remedies

In a contract for Adam to sell Carrie a steam boiler, Carrie's obligation to pay is conditioned upon her personal satisfaction with the boiler. Even though the boiler meets every mechanical test imaginable, Carrie refuses to pay because she just doesn't like the boiler for some reason. She is not obligated to pay, because the contract said that he must be personally satisfied, and a contract is a contract.

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 printout is not delivered until November 9. Thus, the candidate refuses to pay the printer one cent. Is this position justified? Why or why not? Assume that nothing was said in the contract about time being of the essence.

Bing engaged Dill to perform personal services for $2,200 a month for a period of four months. The contract was entered into orally on July 1, 1984, and performance was to commence September 1, 1984. On August 10, Dill anticipatorily repudiated the contract. As a result, Bing:

When a person whose duty is conditional leads the other party to rely on his noninsistence on the condition, the condition will be excused because of a(n) _____.

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

When a promisee who has an existing claim agrees with the promisor that he will accept some performance different from that which was originally agreed on, both parties can use the remedy of:

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

When a person owes an unconditional duty to another, then he/she must perform it unless the performance is excused.

The relinquishment of rights by a party in a contract is called a(n) _____.

Specific performance is almost never awarded in contracts for the sale of land.

Which of the following is subject to a "substantial performance" standard in the absence of an express condition?

Nina has breached a contract between Milo and her, but not so materially This means that Milo can:

Andy contracts with Yvonne to produce an advertisement for a Fourth-of-July fundraising party. Yvonne does not produce the advertisement until July 6. Here, Yvonne's breach of the contract is not a material breach unless the contract explicitly stated that time is of the essence.

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

Which form of damages involves a court ordering a party to a contract to perform his/her obligations under the contract?

There cannot be subjective standards of personal taste and comfort when determining a promisee's performance.

Sklar, CPA, purchased from Wiz Corp. two computers. Sklar discovered material defects in the computers 10 months after taking delivery. Three years after discovering the defects, Sklar commenced an action for breach of warranty against Wiz. Wiz has raised the statute of limitations as a defense. The original contract between Wiz and Sklar contained a conspicuous clause providing that the statute of limitations for breach of warranty actions would be limited to 18 months. Under the circumstances, Sklar will:

Adrienne had contracted to convey real estate to Rich. However Adrienne died before the conveyance is completed. What is the status of the parties?

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.

Which of the following promises is subject to a "strict performance" standard? Assume that performance of the promise is not an express condition of the promisee's duty to perform.