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CHAPTER 11 Contractual Obligations and Their Enforcement

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CHAPTER 11 Contractual Obligations and Their Enforcement. 11-1 Transfer and Discharge of Obligations 11-2 Remedies for Breach of Contract 11-3 The Marriage Contract and Divorce. 11-1 Transfer and Discharge of Obligations. GOALS

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chapter 11 contractual obligations and their enforcement

CHAPTER 11Contractual Obligations and Their Enforcement

11-1 Transfer and Discharge of Obligations

11-2 Remedies for Breach of Contract

11-3 The Marriage Contract and Divorce

11 1 transfer and discharge of obligations
11-1 Transfer and Discharge of Obligations

GOALS

  • Identify what rights can be assigned and what duties delegated
  • Describe the various ways in which contractual obligations may be discharged

Chapter 11

focus
FOCUS
  • Identify a contract you have recently entered into.
  • What rights have been acquired by the parties?

Chapter 11

the transfer of contract rights and duties
THE TRANSFER OF CONTRACT RIGHTS AND DUTIES
  • Assignable rights
  • Non-assignable rights
  • Form of assignments
  • Notice of assignments
  • Delegation of contractual duties

Chapter 11

discharge of contractual obligations
DISCHARGE OF CONTRACTUAL OBLIGATIONS
  • By performance
    • Timing of performance
  • By the initial terms
  • By subsequent agreement
    • Rescission
    • Accord and satisfaction
    • Novation

Chapter 11

discharge of contractual obligations1
DISCHARGE OF CONTRACTUAL OBLIGATIONS

(continued)

  • By impossibility of performance
  • By operation of law
  • By tender of performance

Chapter 11

11 2 remedies for breach of contract
11-2 Remedies for Breach of Contract

GOALS

  • Name and describe various remedies possible for minor or major breach of contract
  • Discuss the factors that affect the choice of remedies

Chapter 11

focus1
FOCUS
  • Do you agree with the following statement?Let the punishment fit the crime.

Chapter 11

remedies possible for breach
REMEDIES POSSIBLE FOR BREACH
  • Remedy for a minor breach
  • Remedies for a major breach
    • Rescission and restitution
    • Money damages
    • Specific performance

Chapter 11

factors affecting choice of remedy
FACTORS AFFECTING CHOICE OF REMEDY
  • Conflict of remedies
  • Duty to mitigate
  • Waivers
  • Statute of limitations
  • Bankruptcy

Chapter 11

11 3 the marriage contract and divorce
11-3 The Marriage Contract and Divorce

GOALS

  • Recognize the contractual elements of premarital and marital relationships
  • Describe the various ways in which a marriage contract is ended

Chapter 11

focus2
FOCUS
  • Do you plan on getting married?

Chapter 11

marriage and contracts
MARRIAGE AND CONTRACTS
  • Contractual elements of premarital relationships
    • Statutory requirements
  • Contractual elements of marital relationships
    • Marital consortium
    • Rights and duties of parenthood
    • Property rights and duties
  • Common-law marriage

Chapter 11

ending the marriage contract
ENDING THE MARRIAGE CONTRACT
  • By annulment
  • By divorce
    • Separation
    • No-fault divorce
  • Typical issues in a divorce
    • Division of property
    • Child custody and support
    • Alimony

Chapter 11

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