Discharge of Contracts

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Flashcards covering key concepts related to contract discharge, performance conditions, and legal definitions.

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14 Terms

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Condition Precedent

A condition that must be met before a party's obligations arise.

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Condition Concurrent

Conditions that occur simultaneously as part of a contract.

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Condition Subsequent

A condition that, if it occurs, can terminate a party's duty to perform.

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Tender of Performance

The act of offering to fulfill a contract's terms.

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Time of Performance

The timing specified in a contract which is crucial for its fulfillment.

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Curative Tender

Replacing defective goods with conforming goods when timing is not critical.

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Adequacy of Performance

Determines if the performance provided meets contractual obligations.

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Substantial Performance

When a party fulfills enough of a contract to warrant payment, despite minor defects.

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Discharge by Agreement

Termination of a contract through mutual agreement or specific provisions.

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Impossibility

A condition where performance of the contract is not possible due to objective factors.

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Temporary Impossibility

A situation where performance is suspended due to temporary circumstances.

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Contractual Limitation

Agreements that shorten the time period within which legal action can be taken.

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Statute of Limitations

Legal time limits for filing lawsuits related to contract claims.

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Bankruptcy

A legal status for individuals or entities that cannot repay their debts.