Bar Exam Performance, Breach, and Discharge Flashcards
Master 38 performance, breach, and discharge concepts for the Bar Exam.
Conditions
7 cardsQuestion
What are the types of conditions in contracts?
Question
What level of compliance is required when a contract contains an express condition?
Breach (Common Law)
6 cardsQuestion
What is required to invoke the substantial performance doctrine, and what is the remedy?
Question
What factors determine if a breach is material or minor?
Performance and Breach (UCC)
12 cardsQuestion
What does the perfect tender rule require of the seller's goods under the UCC?
Question
When does a seller have the right to cure a defective tender within the time originally provided for performance?
Excuse and Discharge
7 cardsQuestion
When is contractual performance excused due to objective impossibility?
Question
What are the ways a contract can be discharged?
Warranties (UCC)
6 cardsQuestion
When is an express warranty created?
Question
What are the two implied warranties of quality under UCC Article 2 (the implied warranty of title under §2-312 is covered separately)?
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