Chapter 18 - Performance and Remedies

When a condition precedent occurs, the contract arises, creating duties to perform.

• True
• False

J agrees to be K’s realtor until sells her house. K closed on house sale yesterday, so the contract has been discharged.

• True
• False

The standard for materiality of a breach is when only 50% of a contract has been performed.

• True
• False

Legal remedies for breach of contract include specific performance or injunction.

• True
• False

Nonperformance of a duty is always a breach of contract.

• True
• False

Performance falls short of complete, but not deprive other party of material consideration is substantial performance.

• True
• False

S promised to work for employer Saturday. S didn’t show up Saturday because he decided he didn’t need the overtime. S:

• excused due to impracticability
• breached contract
• breached implied covenant of good faith
• both diamond and circle

R contracted to paint S’s house but realized he had too many jobs. R told S he could not fulfill the contract. R:

• excused due to impossibility
• engaged in anticipatory breach
• excused because of condition precedent
• none