7. Performance, Termination and Breach
Complete and substantial performance, agreement, frustration, conditions, repudiatory breach and affirmation.
How to study the CPQ Foundation stage
Prepare each separately assessed component on its own terms, then connect law, regulation, client service and research across the full stage.
Core concepts
Concept 1
Performance may discharge obligations, subject to entire obligations, substantial performance and accepted partial work.
Exam cue: Identify the obligation and whether performance meets its contractual standard.
Concept 2
Agreement and frustration provide distinct routes to discharge.
Exam cue: Distinguish frustration from hardship or self-induced difficulty.
Concept 3
Repudiatory breach gives the innocent party an election to terminate or affirm while preserving claims.
Exam cue: Record the innocent party's election and consequences.
Risk pitfalls and guardrails
Assuming any breach terminates the contract.
Guardrail: Do not mix module boundaries, confuse marks with item counts, exceed professional authority or rely on an outdated or unverified legal source.
Using frustration for a merely more expensive bargain.
Guardrail: Do not mix module boundaries, confuse marks with item counts, exceed professional authority or rely on an outdated or unverified legal source.
Treating termination as erasing accrued rights.
Guardrail: Do not mix module boundaries, confuse marks with item counts, exceed professional authority or rely on an outdated or unverified legal source.
Memory anchors
Discharge routes
Performance, agreement, frustration or breach.
Repudiation election
Accept and terminate, or affirm; damages may remain available.
Frustration
A supervening event makes performance radically different without party fault.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
What is the general rule for an entire contractual obligation?
A builder completes the work with minor defects easily valued. Which doctrine may allow payment less repair cost?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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