MCS 3040 Lecture 9: Chapter 9

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Performance: performance is complete when all implied and express promises have been fulfilled, does not necessarily mean the relationship ends, parties may continue to do business by means of new, continuing, and overlapping contracts. Performance by others: law distinguishes between those who have the contractual obligation and those who may actually do the necessary work, vicarious performance performance of contractual obligation through others. Frustration: termination of a contract by an unexpected event or change that makes performance functionally impossible or illegal, neither side is liable to the other for breach. Must establish that: event was dramatic and unforeseen, neither party had assumed risk of the matter occurring, event arose without being either party"s fault, performance functionally impossible or illegal. Non-performance of contractual obligations may result in breach of contract and a lawsuit. Balance of probabilities proof that there is a better than 50% chance that the circumstances of a contract are as the plaintiff contends.

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