



What is the "business judgment" test in the context of assuming or rejecting executory contracts in bankruptcy?
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what is executory
- Give some common examples of executory contracts.
- How can an executory contract be terminated by mutual agreement of the parties?
- How do express and implied conditions relate to the executory aspects of an agreement? What is the parol evidence rule and how does it apply to executory contracts?
- Can a new party be substituted for an original party in an executory contract through novation?
- 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?
- Discuss the importance of clear and specific contract terms in determining materiality of a breach. How do conditions precedent and subsequent affect the executory nature of a contract?
- How does the concept of utmost good faith relate to the executory nature of insurance contracts?
- Where can one find more information about the legal principles governing executory contracts?
- Discuss the landlord's implied warranty of habitability as an executory obligation.
- How can a course of conduct between the parties to an executory contract give rise to a waiver or estoppel?
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