Performance is the act of doing that which is required by a contract. The effect of successful performance is to discharge the person bound to do the act from any future contractual liability. Each party to the contract is bound to perform promises according to the stipulated terms. The rules of performance and breach of contract are rooted in common sense. Most contracts are completed legally when the parties have lived up to their reciprocal obligations under that contract. Conversely, a breach is found when a failure of performance is not somehow excused by law. We are expected to live up to our performance obligations and no more. If those obligations are not met, a breach of contract is the result.

For the Chapter 18 Discussion, discuss the following questions with your classmates.

Are public policy arguments used to invalidate contracts a form of judicial and/or government overreach? Why or why not?