Material Breach Promises are over. Losing party could sue for value of the benefits performed Equity: Could be awarded either the market
Contracts – Substantial Performance Pt. 2
Material Breach/Substantial Performance Factors How much of the contracted benefits the promisee received that an ordinary person would
Contracts – Substantial Performance Pt. 1
Substantial Performance Promisor must perform to at least a certain level, or else promisee has no reason to perform her return
Contracts – Condition
Condition Condition: describes when the duty to perform a promise comes into/out of effect Must be fully met in order for the duty to perform
Contracts – Parol Evidence Pt. 2
Parol Evidence Exceptions Parol evidence is allowed in these situations: Prior Condition Condition is not contained within the contract,
Contracts – Parol Evidence Pt. 1
Parol Evidence Rule Prior terms (parol evidence) not included in a final and complete agreement if they are inconsistent or if the writing appears