By Derrick Wiley
Do now question
In January, Doolan construction company promised to remodel Kempner's
kitchen during July when Kempner would be visiting relatives in Canada.
There written contract called for work to start on July 1 st, and to be
completed for August 2 nd. In April, Doolan phoned and said he could not
start until July 20 , if then. What can Kemper do?
Answer
It depends on what the contract stated. If the contract called for work to
start in July then he would have to do it. So basically Kempler can sue the
company. Also the company did not discharge the contract. So it is a breach
of contract.
Vocab
Discharge: termination of duties that ordinarily occurs when the parties preform as promised issues
Breach of Contract: Failure to provide complete performance
Cancellation: ending a contract for sale of goods because of a breach
Substantial performance: when all the duties are performed, but a minor duty
Defaults: failure to perform legal duties or failure failure to perform an agreement
Anticipatory breach: notification, before the scheduled time of performance
Substitution: parties replacement of their original contract with a new contract
Accord: an agreement to make such a change
Satisfaction: performance of the new obligation
Novation: contractual parties release of the other parties from the duty of performance
Alteration: Material change in the terms of a written contract without consent of the other party
Tender: an offer to perform an obligation
Legal tender: currency or coins
Destruction of Subject Matter
Sometimes performance depends on the
continued existence of some specific
things.
Destruction terminates the contract
The result of destruction is different if the
seller has other sources
The contract only limits one source
Only one source is acceptable
Performance Declared ILLegal
Contracts are discharged when it late
becomes Illegal
A new statue, court ruling, an a
administrative decision can be illegal
It does not apply in the payment of money,
goods, or transfer for land
Operation of Law
A contract can be discharged and the right to enforce it can be imprisoned
by the operation of law
Debt are discharged in bankruptcy
Enforcements of the contract has passed because of the statue of limitations
Alteration of a written agreement also discharges the agreement by the
operation of laws
To discharge the contract the alteration
must be
Changing the agreement in a
different way
Not by accident or mistake
Made with consent of the other
party
Authorized by an agent or made by
a party
About Performance of Duties
What I learned
And notes
Performance of duties is about how you can take down a
contract and what are the terms called when you break a
contract. Also its about what other people do when you
breach a contract. It talks about contracts state certain
duties you write and written contracts. How everything
needs to be done at a specific time when you write it in a
contract. If you cant do it by a certain time it is a major
breach. Anytime someone puts time is “of the essence”
in a contract it is not necessarily controlling over you. It
teaches you substitution and how the company and you
agree to change the obligation on the original contract.