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

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CHAPTER 11 Contractual Obligations and Their Enforcement

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CHAPTER 11Contractual Obligations and Their Enforcement

11-1Transfer and Discharge of Obligations

11-2Remedies for Breach of Contract

11-3The Marriage Contract and Divorce


11-1Transfer 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

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FOCUS

  • Identify a contract you have recently entered into.

  • What rights have been acquired by the parties?

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THE TRANSFER OF CONTRACT RIGHTS AND DUTIES

  • Assignable rights

  • Non-assignable rights

  • Form of assignments

  • Notice of assignments

  • Delegation of contractual duties

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Under what conditions may you assign contractual rights to another person?

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DISCHARGE OF CONTRACTUAL OBLIGATIONS

  • By performance

    • Timing of performance

  • By the initial terms

  • By subsequent agreement

    • Rescission

    • Accord and satisfaction

    • Novation

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DISCHARGE OF CONTRACTUAL OBLIGATIONS

(continued)

  • By impossibility of performance

  • By operation of law

  • By tender of performance

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Identify the six ways in which contractual obligations can be discharged.

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11-2Remedies 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

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FOCUS

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

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REMEDIES POSSIBLE FOR BREACH

  • Remedy for a minor breach

  • Remedies for a major breach

    • Rescission and restitution

    • Money damages

    • Specific performance

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Explain the remedies available for a major breach of contract.

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FACTORS AFFECTING CHOICE OF REMEDY

  • Conflict of remedies

  • Duty to mitigate

  • Waivers

  • Statute of limitations

  • Bankruptcy

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REMEDIES FOR BREACH OF CONTRACT

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What does it mean to “mitigate the damages”?

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11-3The 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

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FOCUS

  • Do you plan on getting married?

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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

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What rights and duties are associated with the marriage contract?

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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


Name three ways in which a marriage contract is ended.

Chapter 11


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