12 Questions
What is the general rule regarding performance of a contract?
Performance must match exactly and completely
What is the result if one party tenders performance but the other party refuses?
The parties' obligations are discharged
What is the term for a contract that can be enforced in separate parts?
Severable contract
What is the result if a party is prevented from performing their obligations?
The general rule of performance does not apply
What is the term for a situation where a party has largely performed their obligations?
Substantial performance
What is the result if a time is set for performance and it is not met?
The party is in breach of warranty
What is the primary way a contract can be discharged?
Performance, where all obligations are performed exactly and completely.
In what type of contracts can each party's obligation be enforced separately?
Severable contracts.
What is the term for when a party has substantially performed their obligations and may be entitled to appropriate payment?
Substantial performance.
What happens to the general rule of performance if one party refuses the tendered performance of the other?
The general rule does not apply.
What is the consequence of not meeting a set time for performance in a contract?
Breach of warranty, allowing for damages.
What must be made clear by both parties for time to be of the essence in a contract?
That time is of the essence, and repudiation will occur if the deadline is not met.
Learn about the methods of discharging a contract, including performance, severable contracts, part performance, and substantial performance. Understand the rules and exceptions with examples from case law.
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