York College, CUNY

STRATEGIC 68798

Chapter 9

1)Outline four ways a contract can be brought to an end.

2. Explain the contractual rule on vicarious performance.

3. When is a contract considered performed?

4. Explain the different ways that a contract can be terminated by agreement.

5. Explain the law of assignment.

6. What is the alternative to termination or amendment by agreement and why is cooperation preferred?

7. What elements must be established in order to succeed with a claim of termination by frustration?

8. What is the purpose of a force majeure clause?

9. What types of events has a force majeure clause been relevant for?

10. Have any exceptions been made to the doctrine of privity? Explain.

11. Outline what a plaintiff must establish in order to succeed with a breach of contract action.

12. Explain when employees can rely on an exclusion clause in a contract between the employer and a customer.

13. Explain why it is important to distinguish between a breach of warranty and a breach of condition.

14. What is the significance of an innominate term in a contract?

15. How are exemption clauses impacted by a fundamental breach? Why?

16. Explain the “bad man” theory of breach of contract.

17. What argument does Robert Larmer make in support of ethics having a role in contracts (even if limited)?

18. Can someone breach a contract before the time for performance has arrived? Explain.

19. What is the purpose of damages?

20. Outline the rule on damages in a breach of contract action.