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Contractual Obligations: Transfer, Discharge, and Remedies

Explore the transfer, discharge, and remedies for breach of contract. Learn about assigning rights, delegating duties, and ending the marriage contract. Dive into ways obligations can be discharged and factors affecting choice of remedies.

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Contractual Obligations: Transfer, Discharge, and Remedies

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  1. 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

  2. 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

  3. FOCUS • Identify a contract you have recently entered into. • What rights have been acquired by the parties? Chapter 11

  4. THE TRANSFER OF CONTRACT RIGHTS AND DUTIES • Assignable rights • Non-assignable rights • Form of assignments • Notice of assignments • Delegation of contractual duties Chapter 11

  5. Under what conditions may you assign contractual rights to another person? Chapter 11

  6. DISCHARGE OF CONTRACTUAL OBLIGATIONS • By performance • Timing of performance • By the initial terms • By subsequent agreement • Rescission • Accord and satisfaction • Novation Chapter 11

  7. DISCHARGE OF CONTRACTUAL OBLIGATIONS (continued) • By impossibility of performance • By operation of law • By tender of performance Chapter 11

  8. Identify the six ways in which contractual obligations can be discharged. Chapter 11

  9. 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

  10. FOCUS • Do you agree with the following statement?Let the punishment fit the crime. Chapter 11

  11. REMEDIES POSSIBLE FOR BREACH • Remedy for a minor breach • Remedies for a major breach • Rescission and restitution • Money damages • Specific performance Chapter 11

  12. Explain the remedies available for a major breach of contract. Chapter 11

  13. FACTORS AFFECTING CHOICE OF REMEDY • Conflict of remedies • Duty to mitigate • Waivers • Statute of limitations • Bankruptcy Chapter 11

  14. REMEDIES FOR BREACH OF CONTRACT Chapter 11

  15. What does it mean to “mitigate the damages”? Chapter 11

  16. 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

  17. FOCUS • Do you plan on getting married? Chapter 11

  18. 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

  19. What rights and duties are associated with the marriage contract? Chapter 11

  20. 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

  21. Name three ways in which a marriage contract is ended. Chapter 11

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