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17-Perf,Breach,Discharge (Condition (Express Condition (Satisfaction…

- - - - condition is met
    - - approval based on honest opinion
    - - approval based on reasonable person
  - - - Event determines whether performance is due
    - - Event terminates duty of performance
- - - - Prevention of performance
        
        substantial interference
        
        discharges other party
      - Perfect Tender Rule
        
        UCC
        
        Sales of goods/Merchant
        
        Performance strictly comply with duties
        
        Any deviation discharges injured party
      - Substantial Performance
        
        Almost complete
        
        No discharge, but yes damages
    - - Inability or refusal to perform
      - Before performance is due
      - Still a breach, other party can bring suit immediately
  - - - new K accepted by both parties
      - accord and satisfaction
        
        substituted duty
        
        discharge prior duty by performing new duty
  - - - Subjective Impossibilitg
        
        Does not discharge
        
        someone else can perform it
      - Objective impossibility
        
        No one can perform it
        
        discharges
      - Destruction of subject matter
        
        occur without fault
      - Subsequent Illegality
        
        Changes in law makes it illegal
      - Frustration of Purpose
        
        Purpose cant be fulfilled because of subsequent event
      - Commercial Impracticability
        
        Only if unforeseen and unjust hardship