BU231 Chapter Notes - Chapter 12: Condition Precedent
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You should expect discharge once performance is completed. Tender of performance means you atempted to perform (whether accepted or rejected by the other party) Waiver both paries sign of saying they will not proceed with performance. You can"t sign a waiver if the other party already performed: unless you"re under seal. The job is diicult so you won"t be able to perform fully, so you subsitute i. e. you can"t get the high quality jeans so you give them high quality sweatpants for a discount. It"s a new contractual posiion that removes you from the old one: novaion. Terminate this contract and subsitute it with a new one. Either there is a material change or a change in paries and this change goes to the root of the contract, they will discharge this one and make a new one. Contract has its own dissoluion: condiion precedent.
