LEGL 2700 (chpt 9
Hackleman) questions and
answers 2025
Chapter 9- Contract Performance & Breach - answer
Rules of Interpretation - answer -handwritten terms >> control >>
typed terms >> control >> pre-printed terms/forms
-how a court is going to look/review a contract
What happens if a word has a particular trade usage? - answer the
court will give it that meaning and go with that certain meaning of
the word
Parol Evidence Rule - answer -prohibits testimony about the oral
negotiation that results in a written contract
-applies to evidence of oral agreements made at the time of or prior
to the written contract
Exception of Parol Evidence - answer allows evidence of oral
agreement that explains the meaning of written terms without
changing the terms
Duty of Performance - answer performance required by the other
party as promised in the contract
Discharged Performance - answer occurs when the party is relieved
from all further responsibility of performance
, Conditions of Performance take 1 of 3 forms...... - answer condition
precedent, condition subsequent, concurrent conditions
Condition Precedent - answer -if something must take place in the
future, before a party has a duty to perform
-failure to satisfy conditions
-condition excuses party's performance
Condition Subsequent - answer -excuses contractual performance
if some future event takes place
-you have a duty to act or the other part will be off the hook
Express Conditions - answer explicitly mentioned in the contract
governing performance
Implied Conditions - answer not explicitly mentioned but can be
read into the parties' obligations to perform
Concurrent Condition - answer -parties have a simultaneous duty
to perform
-one brings the money, the other brings the legal documents that
need to be signed and turned over
Payment, Delivery, Services Tendered in Goods Contracts - answer -
contracting parties must provide specific order of performance in
the contract
-if you don't do it, the UCC will do it
Delivery in Goods Contracts - answer transfer of possession from
seller to buyer
Hackleman) questions and
answers 2025
Chapter 9- Contract Performance & Breach - answer
Rules of Interpretation - answer -handwritten terms >> control >>
typed terms >> control >> pre-printed terms/forms
-how a court is going to look/review a contract
What happens if a word has a particular trade usage? - answer the
court will give it that meaning and go with that certain meaning of
the word
Parol Evidence Rule - answer -prohibits testimony about the oral
negotiation that results in a written contract
-applies to evidence of oral agreements made at the time of or prior
to the written contract
Exception of Parol Evidence - answer allows evidence of oral
agreement that explains the meaning of written terms without
changing the terms
Duty of Performance - answer performance required by the other
party as promised in the contract
Discharged Performance - answer occurs when the party is relieved
from all further responsibility of performance
, Conditions of Performance take 1 of 3 forms...... - answer condition
precedent, condition subsequent, concurrent conditions
Condition Precedent - answer -if something must take place in the
future, before a party has a duty to perform
-failure to satisfy conditions
-condition excuses party's performance
Condition Subsequent - answer -excuses contractual performance
if some future event takes place
-you have a duty to act or the other part will be off the hook
Express Conditions - answer explicitly mentioned in the contract
governing performance
Implied Conditions - answer not explicitly mentioned but can be
read into the parties' obligations to perform
Concurrent Condition - answer -parties have a simultaneous duty
to perform
-one brings the money, the other brings the legal documents that
need to be signed and turned over
Payment, Delivery, Services Tendered in Goods Contracts - answer -
contracting parties must provide specific order of performance in
the contract
-if you don't do it, the UCC will do it
Delivery in Goods Contracts - answer transfer of possession from
seller to buyer
