Tender & Demand/Assignment

Question 1

must be made before a contract can be considered breached

Answer 1

tender and demand

Question 2

when is tender and demand NOT needed

Answer 2

if performance on the other side is impossible/performance cannot be cured w.in a reas. time

Question 3

what does tender & demand show

Answer 3

your own compliance w/contract before the other side can be held in breach

Question 4

tender

Answer 4

the unconditional offer by one party to perform at least the minimum obligations owed under the contract

Question 5

assignment requires

Answer 5

the assignee to “step into the shoes of the assignor” and to effectively be bound by the same promises

Question 6

if there are material differences between the TWO contracts then….

Answer 6

it is NOT an assignment (is an indep. contract)