Study for the Bar in Your Car

Contract Law - Performance Breach and Discharge Part 2


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Ready to master contract performance, breach, and discharge? Tune into the Study for the Bar in Your Car podcast, where we continue our deep dive into these crucial bar exam topics. Angela's notes are your guide, making complex concepts clear and unforgettable.

In this essential episode, we unpack what happens after a contract is formed and when things don't go as planned. You'll gain a solid understanding of:

  • Seller's Right to Cure: Learn how a seller can fix non-conforming deliveries, even sometimes after a deadline.
  • Identification & Risk of Loss: Discover when specific goods are designated for a contract and who bears the responsibility if they're damaged or lost, covering shipment and destination contracts, plus non-carrier scenarios.
  • Excuses for Non-Performance: Explore doctrines like impossibility (when performance becomes literally physically impossible), impracticability (unreasonably difficult due to unforeseen events), and frustration of purpose (when the contract's core reason vanishes). These are vital for excusing duties without breach.
  • Discharge of Contractual Duties: We'll detail various ways a contract officially ends beyond full performance. This includes mutual rescission (canceling by agreement), accord and satisfaction (settling for a different performance, including insights on 'payment in full' checks), substituted contracts (replacing the old deal), novation (substituting a new party), release, and lapse.

This episode is packed with practical examples and distinctions, especially highlighting the UCC for goods and common law applications. It's designed to give you a clear map through the lifecycle of a contract, from initial performance issues to final discharge. Don't just study—understand! Listen now to gain confidence and nail those bar questions. Your journey to mastery continues here!

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Study for the Bar in Your CarBy Angela Rutledge, LLM, LLB

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