



Discuss the importance of express consent for delegation of duties in certain executory contracts. How are executory contracts affected by the death or incapacity of a party?
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- How do courts interpret and apply the duty of good faith in disputes involving executory contracts? How does the doctrine of substantial performance apply to executory contracts?
- How does the implied covenant of good faith and fair dealing affect the obligations of parties to an executory contract?
- Discuss the importance of clearly defining the terms of an appraisal contingency clause.
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- What are the advantages and disadvantages of arbitration as a means of resolving executory contract disputes?
- What are the requirements for a valid assignment of rights in an executory contract?
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- Discuss the difference between substantial performance and material breach in the context of executory contracts. What are the implications of a material breach of an executory contract?
- How do termination clauses and compensation structures define the executory relationship in a management agreement? How are licensing agreements for software considered executory?
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