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of documents to her law clerks, working under her supervision, she cannot
delegate the court appearance to another lawyer.
In the above example, the representation is nondelegable because Stephen is relying on
Angela’s individual reputation and skills, as well as the fact that the attorney-client relationship is one of special trust. rog80328_06_c06_111-133.indd 118 10/26/12 5:37 PM Section 6.2 Performance and Discharge of Contracts CHAPTER 6 6.2 Performance and Discharge of Contracts W hen we speak of discharge, we refer to that point when a party to a contract is
no longer liable for breach. Often this occurs simply because the parties have
performed the contract—that is, they have done everything they were supposed
to do. But there are many other circumstances that may lead to a discharge, which we shall
examine in this section. Discharge by Condition
Concurrent conditions are often implied in bilateral contracts. What is meant by this term
is that each party has a duty to perform, and the duties are mutually dependent. For
example, if Sam contracts to sell his bike to Ben for $100, Sam’s duty to deliver the bike is
conditioned upon Ben’s tendering the money, and vice versa. If Sam’s bike is stolen, Ben is
discharged from his duty to pay. If Ben cannot come up with the money, Sam is discharged
from his duty to give Ben the bike.
A condition precedent would generally be expressly stated in a contract, as it requires
completion of some event before a party becomes liable on the contract. For example,
if Sam is selling Ben his house for $100,000, and the contract says it is contingent upon
buyer’s obtaining financing, it means that if the condition is unfulfilled and Ben cannot
obtain a mortgage, Ben is discharged from his obligation to buy the house.
A condition subsequent works the opposite way: the parties are presumed liable unless
the condition is fulfilled. If the condition takes place, there is a discharge. For example,
Tanya signs a one-year lease to rent an apartment from Larry Landlord....
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- Spring '10
- Business Law