Contractual Duties - Law of Contract - Lecture Slides, Slides for Law of Contract. Aligarh Muslim University

Law of Contract

Description: Contractual Duties, Contractual Rights, Personal Services, Future Wages, Orthodontic Services, Dental Services, Finance Charges, Mortgage Payments, Routine Duties, Contractual Duties are some points from this lecture. This lecture is part of lecture series on Law of Contract course. I have full series of lectures on this subject. I am sharing this with my friends on docsity. Enjoy.
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CONTRACTUAL DUTIES (Chapter 13)

CONTRACTUAL

DUTIES

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CONTRACTUAL DUTIES

Assignments

Delegations

Discharge

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Assignments Contractual Rights

–something you will receive under

a contract

Transfer of Contractual

Rights

 What is Assignable?

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Assignments a right created under a contract that

prohibits transfer of the contractual

rights

claims for damages for personal

injuries

claims against the United States

rights to personal services…

future wages (limited) Docsity.com

Assignments Ford, a dentist, owed Benet $5,000 for office

furniture. Benet agreed to accept $1,000 in

cash & $4,000 in orthodontic services for

his children.

Soon after, Benet needed the money so he

assigned his right to receive dental services

to Lakely.

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Assignments The Whipple Family bought a house. After a

down payment of $15,000, the balance, plus finance charges, was to be paid to Bank One.

Bank One needed cash for further investments, so they sold Whipple’s contract to Wells Fargo Bank and told Whipple to make all mortgage payments to Wells.

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Delegations Contractual Duties

– legal obligations created by a contract

Routine duties transferred to another

party

CANNOT if agreement:

Contract prohibits delegation

Requires personal skill or talents

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Larry hired Carol to care for his child

while Larry was at work.

Could Carol legally delegate

the child care duties to another?

Delegations

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Delegations While completing the

Whipple’s new home, Builders

Construction had to hire

several other contractors in

order to finish work on

schedule. Docsity.com

Assignments and Delegations (quick review)

Must notify assignments, not delegations

Obligor

one who owes a duty

Obligee

one who receives the benefits of a duty

Breach by obligor?

Assignee must sue -- Assignor not liable

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Discharge Termination of duties required as promised

UCC -- cancellation

Substantial performance

Anticipatory breach (default)

By agreement

By impossibility

By operation of law

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You decide! #1 Aaron contracts with Smith to install a new

kitchen sink (complete with faucet).

Because of several other jobs that require

his attention, he asks Smith if she would

accept someone else to complete the job

with the same terms.

Can they do this?

If so, what is it called?

Discuss any legalities. Docsity.com

You decide! #2 You borrow a pretty good sum of money

from a friend. However, you could not

pay the loan back on schedule. You

offer your friend your fairly new stereo

system as payment.

Can you do this?

If so, what is it called?

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You decide! #3 Blatz is a famous race car driver. He was

contracted to drive the #1 car for the ACE

Racing Team in the big holiday race.

While transporting the car to the race, the

team was in an accident and the car was

totalled.

Must Blatz drive for the team?

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You decide! #4 Sundstrom, a qualified electrician, contracted

with Rodriguez to rewire his house. Before

he could begin work, Sundstrom was

involved in a serious auto accident which

left him paralyzed.

Is performance still required by Sundstrom?

Why or why not?

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You decide! #5 Forest owned a landscaping business. He

contracted to take care Smyth’s lawn while

he was away in Alaska. Smyth planned to

survey the state as part of his

autobiography. He had no plan or schedule.

Legal?

If so, When would the contract terminate?

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You decide! #6 Casey contracts with Bidders to clear off 10

acres of land owned by Bidders. A clause in the contract allows for a 5% discount if payment is made in full before performance begins.

The contract was properly signed but before both parties received copies, Bidders secretly added a 1 to the 5, thus allowing a 15% discount.

How much discount is allowed?

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You decide! #7

A friend is under a 1-year contract to

play professional football.

In an automobile accident, he suffers

internal injuries and is unable to play

for the remainder of the season.

Does he remain on the team payroll?

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You decide! #8 Tippner contracted with Barnell to build a

public storage facility on land owned by

Barnell.

Before construction began, the city rezoned

the land restricting the site to residential

dwellings.

Can construction begin?

What if Tippner had begun construction?

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You decide! #9 In late November, you contract with Jones to

remodel his kitchen. The job is to be

completed by December 24th at the latest.

In mid-December you notify Jones that

because of several other jobs you cannot

begin his job until after the new year.

What have you done?

What are Jones’ options?

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