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In contract law, a severable contract is a contract that is composed of several separate contracts concluded between the same parties, such that failing ( breaching) one part of such a 'severable' contract does not breach the whole contract. Therefore, the other party must still honor the other subparts and cannot cancel the whole agreement. A ...
Perfect tender rule is a legal principle that allows a buyer to reject a delivery of goods if they do not conform exactly to the contract. This rule applies to contracts involving the sale of goods under the Uniform Commercial Code in the United States. Learn more about the exceptions, criticisms and applications of this rule from Wikipedia.
An executory contract is a contract that has not yet been fully performed or fully executed. [1] It is a contract in which both sides still have important performance remaining. However, an obligation to pay money, even if such obligation is material, does not usually make a contract executory. An obligation is material if a breach of contract ...
v. t. e. In United States income tax law, an installment sale is generally a "disposition of property where at least 1 loan payment is to be received after the close of the taxable year in which the disposition occurs." [1] The term "installment sale" does not include, however, a "dealer disposition" (as defined in the statute) or, generally, a ...
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. [ 1] Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible ...
In contract law, an incomplete contract is one that is defective or uncertain in a material respect. A complete contract in economic theory means a contract which provides for the rights, obligations and remedies of the parties in every possible state of the world. [1] However, since the human mind is a scarce resource and the mind cannot ...
Performance-based contracting (PBC) is about buying performance, not transactional goods and services, through an integrated acquisition and logistics process delivering improved capability to a range of products and services. PBC is a support strategy that places primary emphasis on optimising system support to meet the needs of the user.
Restatement (Second) of Contracts. The Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and frequently cited legal treatises [1] in all of American ...