Discharge 10 31 2013 Discharge by Performance Two parties make a contract and each party performs their obligations then the contract is discharged Tender Of Perform An offer to preform Ready willing and able Legal Tender Lawful money check is not legal tender nether is an offer to work off a debt Time Is Of The Essence Dates and deadlines in the contract are meant to be strictly enforced Adequacy of Performance Substantial good faith performance is generally sufficient to enforce a contract Discharge by Agreement When the parties in the contract agree to terminate the contract Discharge by Impossibility Being broke does not mean impossibility Death creates an impossibility although debt is not discharged Temporary Impossibility Best example is the weather
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