In the Contracts & Sales essay approach, which step asks 'Have the parties performed their contractual obligations (the terms just discussed)?'

In the Contracts & Sales essay approach, which step asks 'Have the parties performed their contractual obligations (the terms just discussed)?'

• A. Formation
• B. Terms
• C. Performance
• D. Remedy

Answer: (C)

Performance is the step that asks whether the parties have fulfilled their contractual obligations (the terms just discussed). In the Contracts & Sales essay approach, you first identify how the contract was formed and what it requires, then turn to performance to determine if each party did what was promised, or if there was tender of performance, a failure to perform, or any excuse or defense to performance. This stage directly addresses whether the duties in the contract have been carried out, which is why it’s the correct focus for the question. If performance has occurred (or been excused), you proceed to assess breaches and remedies; if not, you analyze whatbreach or non-performance looks like and how it affects rights and obligations. Formation concerns how the contract came into existence, and Terms deals with what is promised, while Remedies handles what happens after a breach.

Performance is the step that asks whether the parties have fulfilled their contractual obligations (the terms just discussed). In the Contracts & Sales essay approach, you first identify how the contract was formed and what it requires, then turn to performance to determine if each party did what was promised, or if there was tender of performance, a failure to perform, or any excuse or defense to performance. This stage directly addresses whether the duties in the contract have been carried out, which is why it’s the correct focus for the question. If performance has occurred (or been excused), you proceed to assess breaches and remedies; if not, you analyze whatbreach or non-performance looks like and how it affects rights and obligations. Formation concerns how the contract came into existence, and Terms deals with what is promised, while Remedies handles what happens after a breach.