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Contracts II - Contracts II Discharge and Remedies...

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Contracts II Discharge and Remedies
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Discharge of a Contract Performance (Compete or Substantial) [Plante v. Jacobs ] UCC Section 2-601 Mutual Agreement – Accord/Satisfaction and Novation [ Ellenbogen & Goldstein v. Brandes ] Condition Precedent [Architectural Systems, Inc. Gilbane Building Company ] Condition Subsequent Impossibility Commercial Impracticability [Syrovy v. Alpine Resources]
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UCC – “Perfect Tender” Rule - Goods 2-601 …unless otherwise agreed, if the goods or the tender or deliver fail in any respect to conform to the contract, the buyer may: a. Reject the whole b. Accept the whole c. Accept any commercial unit or units and reject the rest.
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Remedies for Breach of Contract Things to think about before filing a lawsuit Attorneys Fees Distractions Time Business Relationship Defendant’s ability to pay Alternative Dispute Resolution
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DAMAGES Legal Compensatory Punitive Nominal Liquidated (stipulated loss value) [California and Hawaiian Sugar Company v. Sun Ship, Inc.]
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