Chapter_17_(Defenses_Against_Enforceability) - DEFENSES...

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DEFENSES AGAINST ENFORCEABILITY (CHAPTER 17) I) Unconditional vs. Conditional Duties A) Unconditional Duty – duty to perform is absolute. It doesn’t depend on anything but the passage of time. B) Conditional Duty – a duty that depends on the occurrence or nonoccurrence of some other event. 1) Condition Precedent – a future event, the occurrence of which gives rise to a duty to perform Failure of condition occurs when the condition precedent did not occur, thus failure to perform is not considered a breach. The party must use their best effort. (a) Based on Satisfaction (i) Express Condition Precedent of personal satisfaction – one party’s duty is conditional on being personally satisfied (A)Objective Test 1. “Reasonable Person Standard” – would a reasonable person be satisfied? a. Based on mechanical fitness and suitability for a particular thing (B) Subjective Test 1. Actual Personal Satisfaction a. Based on aesthetics, taste, comfort (ii) Satisfaction of Third Party – a duty is conditioned on some third party
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This note was uploaded on 01/19/2012 for the course BSL 212 taught by Professor Guzzi during the Spring '07 term at University of Miami.

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Chapter_17_(Defenses_Against_Enforceability) - DEFENSES...

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