About this episode

This episode explores the complexities of contract performance, including conditions, breach, and excuses.

Review Guide: The Performance Engine Mastering Contract Performance: Key Principles and Pitfalls Most contract disputes come down to a single moment: performance. But what if you’re called to perform and the universe throws a curveball? Or your partner might just decide it's no longer worth it? If you’ve ever wondered how courts decide whether a party can delay, excuse, or even avoid performance altogether, this episode unpacks the mechanics behind the performance engine. Imagine a 1615 case where a man keeps a cow but still sues to get paid—an ancient absurdity that hints at the deeper truths of contractual obligations. Here, we explore how the law’s historic obsession with literal promises gives way to nuanced doctrines like conditions, standards of performance, breach, and excuse. You’ll learn how “conditions” act as legal “if-then” triggers for duties—whether they happen before, at the same time, or after performance. We break down the critical differences between express and implied conditions, illustrating why courts enforce express clauses strictly, while implied conditions fill the gaps with fairness. Then, we dive into the two main regimes—common law and the Uniform…

More episodes of Law School

• Contracts & Sales Day 5: The Price of the Broken Promise — Remedies · May 8, 2026 · 52 min
• Contracts & Sales Day 3: The Paper Shield — Interpretation, the Parol Evidence Rule, and UCC Warranties · May 6, 2026 · 1h 20m

Explore listener stats, chart rankings, contacts and more on the Law School podcast page.