However the statement regarding possible work at the Discotheque was not

However the statement regarding possible work at the

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and put their agreement in a writing. However, the statement regarding possible work at the Discotheque was not included in the written contract. On August 22, the Discotheque contracted with Stanley, for Stanley to sing, and Stanley immediately contacted Paul and told Paul that he, Stanley, would not perform on September 6 at the Opera House. Paul was not able to find a suitable replacement to sing at the Opera House on September 6. If Paul brings a breach of contract claim against Stanley, will Paul prevail?A. Yes, because Stanley anticipatory repudiated his performance under the contract, thus giving Paul the right to cancel the contract and sue for damages. B. Yes, because Stanley should have reasonably delegated his duty of performance to another performer. C. No, because Stanley’s duty to perform under his contract with Paul was subject to an oral condition precedent. D. No, because Paul did not take sufficient acts to mitigate his damages.
© 2012 GOULD’S, ALL RIGHTS RESERVED.44.CORRECT ANSWER: C. In this situation, Stanley had an oral condition precedent, thatStanley would perform on September 6 at the Opera House, ifhe, Stanley, did not secure work at the Discotheque by August28. When Stanley contracted with Discotheque on August 22,the effect was that the oral condition precedent between Stanleyand Paul would not occur, and therefore Stanley was notobligatedtoperformundertheStanley-Paulcontract.Additionally,anoralconditionprecedentisresistanttoapplication of the parol evidence rule, as an exception to theparol evidence rule.While it may look as though StanleyanticipatorilyrepudiatedundertheStanley-Paulcontract,Stanley actually had no duty to perform after August 22, andthere was no valid contract between Stanley and Paul after thatdate.
© 2012 GOULD’S, ALL RIGHTS RESERVED. 45. Johnny and Sally had numerous outputs contracts over the span of ten years, regarding delivery of rocks. Johnny delivered tons of rocks, requiring him to schedule his largest trucks in advance of delivery. The custom of the rock industry, was that rocks were to be delivered on the first day of each month. However, Johnny had always delivered the rocks on the tenth day of each month. In the current contract situation between Johnny and Sally, which began the month before, there was nothing stating the time for delivery, and Johnny delivered the rocks on the tenth day of June, even though Sally indicated on the sixth day of June, that she wanted the rocks delivered on the seventh day of June. Which of the following statements is most true? A. The usage of trade within the rock industry would rule, and Johnny was wrong to deliver the rocks after the first of the month. B. The course of performance of the current contract would rule, and Johnny should have delivered the rocks on the seventh day of the month. C. The course of prior dealings between Johnny and Sally would rule, and Johnny would be able to deliver the current delivery on the tenth day of the month. D. Sally's indication that she wanted the rocks delivered on the seventh day of the month, indicates a valid modification, especially since Uniform Commercial Code contracts do not require new consideration for a modification.

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