Contracts
Performance, Material Breach, and Substantial Performance
Decide whether a failure permits damages only, suspension, cure, cancellation, or the end of the parties’ remaining duties.
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Contracts
Unconscionability, Public Policy, and Risk-Shifting Terms
Evaluate oppressive bargaining, illegal bargains, exculpatory clauses, warranty promises, and disclaimers that attempt to reallocate contractual risk.
Contracts
Conditions, Satisfaction Clauses, Waiver, and Excuse
Distinguish a condition from a promise, apply subjective and objective satisfaction, and decide when nonoccurrence is waived or excused.
Contracts
Anticipatory Repudiation, Impossibility, Impracticability, and Frustration
Analyze threatened nonperformance and changed circumstances without treating every difficulty, delay, or bad bargain as an excuse.
Contracts
Contract Remedies: Expectation, Reliance, Restitution, and Specific Performance
Calculate the protected interest, apply foreseeability and mitigation, and choose between money, restitution, and equitable relief.