Performance and Discharge. Chapter 8. Discharge. Discharge usually results from performance but can occur in other ways: (1) the occurrence or failure of a condition on which a contract is based, (2) breach of the contract, (3) agreement of the parties, and
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(2) breach of the contract,
(3) agreement of the parties, and
contract has been performed. When a party's performance is perfect, it is said to be complete.
* Good faith is required
* Willfully failing to comply is a breach of the
material when performance is not at least substantial
When the subject matter of contract is personal, a
contract to be performed to the satisfaction of one of
the parties is conditioned, and performance must
actually satisfy that party.
Contracts that involve mechanical fitness, utility, or
marketability need only be performed to the
satisfaction of a reasonable person.
Courts are divided.
A few courts require the personal satisfaction
of the third party.
A majority of courts require the work to be
satisfactory to a reasonable person.
In some situations, performance is contingent
on the occurrence or nonoccurrence of a
A condition is a possible future event, the
occurrence or nonoccurrence of which will
trigger the performance of a legal obligation
or terminate an existing obligation under a contract.
conditions subsequent, and
Conditions are also classified as express or implied.
continue employment is discharged if the employee fails to maintain her license to practice law.
Example: Buyer promises to pay for goods when
obligations under an existing contract.
accept performance that is different from the performance originally promised.
discharged if the other party materially alters a term (such as quantity or price) without consent.
passed, a suit can no longer be brought.
performance becomes objectively impossible, as