ABSTRACT

Up to now, we have been dealing primarily with those matters which arise during the formation and negotiation of a contract. In this chapter we shall deal with those matters which occur after the parties have agreed the terms of their contract and, to begin with, are both happy with it, valid or not. As other matters come along, the rot sets in, and things are not so rosy. By this time, each knows just what their contract apparently contains, and what they expect to get out of it. Nevertheless, they frequently become less satisfied (especially if things do not go exactly as they would wish): is the other party really doing his best? Are there misstatements or other matters of doubt? If only one can pinpoint the real causes of dissent, the remedy is to appeal to the law and let the judiciary decide what needs to be done. Indeed, whether the contract is of any value at all, is it valid, or should parts of it be rescinded or replaced by something else?