11
CHAPTER
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
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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
Slide 2
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FOCUS
 Identify a contract you have recently
entered into.
 What rights have been acquired by the
parties?
Chapter 11
Slide 3
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THE TRANSFER OF CONTRACT
RIGHTS AND DUTIES

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Assignable rights
Non-assignable rights
Form of assignments
Notice of assignments
Delegation of contractual duties
Chapter 11
Slide 4
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Under what conditions may you
assign contractual rights to
another person?
Chapter 11
Slide 5
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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
Chapter 11
Slide 6
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(continued)
DISCHARGE OF
CONTRACTUAL OBLIGATIONS
 By impossibility of performance
 By operation of law
 By tender of performance
Chapter 11
Slide 7
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Identify the six ways in which
contractual obligations can be
discharged.
Chapter 11
Slide 8
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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
Slide 9
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FOCUS
 Do you agree with the following
statement?
Let the punishment fit the crime.
Chapter 11
Slide 10
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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
Chapter 11
Slide 11
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Explain the remedies available for
a major breach of contract.
Chapter 11
Slide 12
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FACTORS AFFECTING
CHOICE OF REMEDY

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Conflict of remedies
Duty to mitigate
Waivers
Statute of limitations
Bankruptcy
Chapter 11
Slide 13
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REMEDIES FOR
BREACH OF CONTRACT
Chapter 11
Slide 14
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What does it mean to “mitigate the
damages”?
Chapter 11
Slide 15
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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
Slide 16
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FOCUS
 Do you plan on getting married?
Chapter 11
Slide 17
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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
Chapter 11
Slide 18
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What rights and duties are
associated with the marriage
contract?
Chapter 11
Slide 19
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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
Slide 20
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Name three ways in which a
marriage contract is ended.
Chapter 11
Slide 21
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