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Determining whether a contract has been performed, courts look to the intent of the parties using the objective theory of contracts.  

A debtor is not protected in bankruptcy for fraud. An example of fraud is transferring property to a relative where the debtor still runs and uses it.

A signed document containing a written promise to pay a stated sum to a specified person or the bearer at a specified date or on demand. For example, a document stating, “On demand I promise to pay to the order of “Paul Payee”  FIFTY THOUSAND  DOLLARS,” is an example of ______________________.

Pete cannot afford his Maserati Grecale payments anymore, so he asks his bitcoin-rich nephew Flavio to take over the payments. Flavio has four exotic cars and would happily add it to his collection. In order to take over Pete’s payments, he needs to have the bank ________________ his agreement so Pete will no longer be responsible under the contract.

When a writing is imperfect, sometimes a party is permitted to rewrite to reflect their true intentions.  For example, where a contract recites the wrong parcel of land to be sold, the court may permit the parties to reform the contract by adding the proper parcel. This is the equitable remedy of ____________________.

Linda contracts to sing at John’s nightclub for $10,000, but later cancels the contract and therefore is in breach.  John is able to find another singer at $13,000.  He can sue Linda to recover the other $3,000.  John can also recover the costs to find another singer, called incidental damages.

Fred promises to give Jean a unique sculpture in exchange for Jean painting Nick’s house, but instead, Fred sells the sculpture to Cloe before Jean begins the job; this act by Fred constitutes  ________________________ which excuses Jean from performing. Once the sculpture has left Fred’s possession, there is no way that Fred can fulfill the promise to give the sculpture to Jean.  

A man by the name of George Hawkins took his son to Dr. Edward McGee and asked him to operate on his son’s hand.  McGee said his son would be in the hospital for three to four days and that his hand would probably heal a few days later.  The son’s hand did not heal for a month. McGee also told the father, “I guarantee if your son has the operation, his hand will be restored 100%.”  

Describe your contributions to the project.

Carlos, age 72, goes to Dr. Chen for his annual well check physical exam.  “How have you been feeling, Carlos?” asks Dr. Chen.  “I feel great, and as active as ever!  Nothing is slowing me down and I feel as healthy as a horse,” says Carlos.  Dr. Chen discovers Carlos has prostate cancer, but it appears to be a slow growing cancer.  Dr. Chen thinks treatment aggressive treatment is always the best course of action.  Dr. Chen reasons, “I am the doctor, I know what my patients need. I will try to steer Carlos toward aggressive treatment because I am the expert and know what is best for him.”    Dr. Chen’s reasoning is an example of: