blaw module 16

condition precedent example

A contract that depends on Gonzaga winning a game.

condition concurrent example

If I buy a bike, I must pay when I receive it.

condition subsequent example

A lease that ends if construction on a highway disrupts business.

covenant

A promise in a contract.

major covenant

material promise that affects the contract.

minor covenenat

non material promise that doesn’t affect the contract.

tender of payment

Offering money.

tender of performance

Offering to do the agreed work.

time of performance

When the contract’s performance should occur.

curative tender

Replacing defective goods with conforming ones when time isn’t critical.

substantive performance doctirne

If minor defects exist, the party can still get paid (after deductions). only if mistakes are not intentional nor material

temporary impossibility example

Construction stops due to snow but will resume once it clears.

contractual limitiaton

A clause limiting the time to file a lawsuit. It's shorter than the statute of limitations to reduce risk.

statute limitation

The time period a party has to file a lawsuit for breach of contract before the claim is barred.

mutual cancellation(discharge by aggreement)

Both parties agree to cancel the contract. This discharges both parties from further obligations.

mutual rescission(discharge by agreement)

Both parties agree to rescind (undo) the contract, essentially returning both parties to their original positions as if the contract never existed.

subsitution(discharge by agreement)

Replaces the entire contract with a new one between the same parties.

novation(discharge by agreement

A new party is introduced into the contract, replacing one of the original parties. The original contract is discharged and replaced by the new agreement involving the new party.

release(discharge by agreement)

One party voluntarily gives up their right to enforce the contract against the other party. This discharges the obligation of the released party.

waiver(discharge by agreement)

One party voluntarily gives up their right to insist on the performance of certain terms of the contract. This typically applies to a breach or failure to perform but doesn't necessarily cancel the entire contract.

frustration of purpose(common law)

when an unexpected event destroys the reason both sides entered the contract — even if performance is still technically possible

commerical impracticability(UCC)

When performance becomes excessively difficult or expensive due to unforeseen events, making it unreasonable to expect fulfillment.

destruction of particular subject matter(impossibility)

The contract becomes impossible to perform because the subject matter (e.g., the item to be sold or the property to be transferred) is destroyed. This discharges the contract.

change of law(impossibility)

A change in the law makes it illegal to perform the contract, such as new regulations or statutes that render the contract’s performance impossible. This discharges the contract.

death(impossibility)

The death of a party to the contract makes it impossible to perform, especially if the contract involves personal services or obligations that cannot be transferred to another person.

disability(impossibility)

A party becomes incapacitated or unable to perform due to a physical or mental disability, making it impossible to fulfill the contract. This discharges the contract.

act of other party(impossibility)

If the other party prevents or hinders the performance of the contract, this can make performance impossible and discharge the contract.

impossibility(common law)

When unforeseen events make it physically or legally not possible to perform the contract.