Performance and Discharge

Clearly somehow implied conditions 1 please remember

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clearly somehow IMPLIED conditions 1 Please remember the difference between Executed and Executory.
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The condition is not stated, but is clear from the agreement Types of conditions CONCURRENT Certain things must occur simultaneously SUBSEQUENT Must occur after the particular duty arises PRECEDENT Must occur before a duty arises PERFORMANCE Strict Performance Performance that is exactly what is promised; it is usually not expected and failure to do so does not cause for discharge Hardly ever happens Substantial Performance Party that substantially performs its obligations will receive the full contract price, minus the value of any defects. PERSONAL SATISFACTION CONTRACTS One which the promisee makes a personal, subjective evaluation of the promisor’s performance Court uses subjective standard only if assessing the work involves feelings, taste, or judgment and the contract explicitly demands personal satisfaction In all other cases, a court applies an objective standard to the decision GOOD FAITH TENDERING PERFORMANCE When a party to a contract is ready, able and willing to perform, under the terms of contract, that is known as tendering their performance
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