Philosophy 2080 Lecture Notes - Lecture 6: Borgwarner, Liquidated Damages, Force Majeure
5 Feb 2013
School
Department
Course
Professor
Document Summary
Week 6- contract: performance and breach of contract. Chapter 12 (7th edition)/chapter 13 (8th edition) - performance of contractual obligations. Generally parties must perform all terms of contract, otherwise = breach. Eg in book * requested cans in cases of 30, some cans came in cases of 24 but same total number of cans, able to reject goods. When performance completed, discharged from further obligations. Compare act performed with promise made to determine if compliance and discharged obligations. Tender of performance is the tender of performance of an act. Performance of purchaser at time and place fixed for delivery under contract. Must be in accordance with terms specified. No payment kind specified, legal tender must be accepted if in correct amount. Unless contract says okay, seller may reject payment by personal cheque etc. In general a seller is not obligated to provide change. Blanco v nugent page 201 (7th edition), page 221 (8th edition)
