Performance and Forbearance
In contract language, "performance" means to do what one agreed to do. Some contracts require a party to refrain from doing something and that is called "forbearance". Contracts may include both performance and forbearance requirements.
Example of Performance:
A homeowner enters into a contract with a flooring company to have wood floors installed in his or her home. The company agrees to install certain materials within a certain timeframe and the homeowner agrees to pay a certain price at various stages of installation. Each party signs and the contract is dated. The homeowner and the company now must perform according to contract.
Example of Forbearance:
A tenant signs a lease for an apartment and agrees not to redecorate without management approval, not to park in driveways, not to leave trash on the sidewalk, and so on. The landlord agrees not to enter the apartment without appropriate notice. The tenant and the landlord must refrain from doing these things according to the lease contract.
Default and Breach
Default is to fail to do something required by law or duty. California laws protect the rights of parties who have entered into valid contracts. Those who fail to perform are in default and may be sued by the other party.
A breach is something torn or broken. In contract law, it means that someone has broken his or her word.
These terms will all come up throughout the chapter as we continue our discussion of contract law.
No. | Subject | Date | Views |
---|---|---|---|
Notice | 부동산 용어사전 | 2019.04.15 | 2075 |
Notice | 부동산 용어 (A to Z) | 2019.03.03 | 1321 |
261 | TEST 25 | 2019.03.27 | 106 |
260 | Real Estate Law 16 | 2019.05.06 | 106 |
259 | Real Estate Law 86 | 2019.05.15 | 106 |
258 | Founders | 2018.11.14 | 107 |
257 | Acting Without a License | 2019.02.28 | 108 |
256 | void contract | 2019.05.22 | 108 |
255 | Leasehold Estates in Real Estate | 2019.04.01 | 109 |
254 | Real Estate Law 35 | 2019.05.08 | 109 |
253 | Real Estate Law 38 | 2019.05.08 | 109 |
252 | Real Estate Law 75 | 2019.05.13 | 109 |
251 | Real Estate Law 106 | 2019.05.17 | 109 |
250 | Real Estate Law 61 | 2019.05.11 | 110 |
249 | Chapter 17 Conclusion | 2019.03.10 | 111 |
248 | Real Estate Law 11 | 2019.05.05 | 111 |
247 | Real Estate Law 8 | 2019.05.05 | 112 |
246 | Chapter 8 Quiz | 2019.03.04 | 113 |
245 | Real Estate Practice -1 (Understanding-Answers) | 2019.04.11 | 113 |
244 | Real Estate Law 15 | 2019.05.06 | 113 |
243 | Real Estate Law 68 | 2019.05.12 | 113 |
242 | Equitable title | 2019.05.22 | 114 |
241 | SAMPLE EXPRESSION FOR ROUTE | 2022.09.05 | 114 |
240 | Streets of Orange County named after people: | 2018.11.14 | 115 |
239 | Chapter 7 Conclusion | 2019.04.14 | 115 |
238 | Law 6 | 2019.05.03 | 115 |
237 | Chapter 4 Quiz | 2019.04.13 | 117 |
236 | Real Estate Practice - 36 (Understanding-Answers) | 2019.04.29 | 117 |
235 | TEST 21 | 2019.03.25 | 118 |
234 | Law 4 | 2019.05.03 | 118 |
233 | Property taxes in California | 2019.05.22 | 118 |
232 | TEST 20 | 2019.03.25 | 119 |