Bài giảng môn Quản trị kinh doanh - Chapter 12: Business law with ucc applications,13e

Business Law with UCC Applications,13eThird Parties, Discharge,and RemediesChapter 12McGraw-Hill/Irwin Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.Learning ObjectivesExplain the legal rights given to all beneficiaries.Identify the legal rights given to incidental beneficiaries.Explain the assignment of rights and the delegation of duties.Explain the nature of a novation.Relate what constitutes satisfactory performance of a contract.Learning ObjectivesOutline the difference between complete and substantial performance.List the ways that a contract can be discharged by nonperformance.Clarify the concept of anticipatory repudiation.Enumerate the types of damages available in the event of a breach of contract.Contrast specific performance with injunctive relief.Third Parties, Discharge,and RemediesContracts and Third PartiesIntended Beneficiaries Incidental BeneficiariesThird Parties, Discharge,and RemediesIntended beneficiariesCreditor beneficiariesDonee beneficiariesInsurance beneficiariesThird Parties, Discharge,and RemediesThe Law of AssignmentAssignment and Delegation Parties to Assignment Consideration in Assignment Assignment MethodsThird Parties, Discharge,and RemediesAssignment methodsForm of assignmentNotice of assignmentSubsequent assignmentsThird Parties, Discharge,and RemediesAssignment Rights, Duties, and RestrictionsRights and Duties of the Assignee Liabilities and Warranties of the Assignor Restrictions on Assignments Novation and AssignmentThird Parties, Discharge,and RemediesLiabilities and Warranties of the AssignorWarranties to the assigneeWarranties to the obligorThird Parties, Discharge,and RemediesRestrictions on assignmentsRestrictions on personal and professional contractsRestrictions imposed by original contractRestrictions imposed by lawThird Parties, Discharge,and RemediesDischarge by PerformanceTime of Performance Satisfactory, Complete, and Substantial Performance Conditions and Tender of PerformanceThird Parties, Discharge,and RemediesConditions and tender of performanceConditions of performanceTender of performanceThird Parties, Discharge,and RemediesDischarge by NonperformanceDischarge by Agreement Discharge by Impossibility and by Law Discharge by BreachThird Parties, Discharge,and RemediesDischarge by agreementTermination by terms of the contractMutual rescissionTermination by waiverNovationAccord and satisfactionGeneral releaseThird Parties, Discharge,and RemediesDischarge by Impossibility and by LawTypes and Conditions of ImpossibilityFrustration-of-purpose doctrineCommercial impracticabilityThird Parties, Discharge,and RemediesDischarge by Breach of ContractDeliberate breach of contractRepudiation and anticipatory breachAbandonment of contractual obligationsThird Parties, Discharge,and RemediesDamages and Equitable RemediesDamages in Contract Law Equitable Remedies in Contract LawThird Parties, Discharge,and RemediesDamages in contract lawActual or compensatory damagesIncidental and consequential damagesThird Parties, Discharge,and RemediesPunitive or exemplary damagesFraudulent misrepresentationNominal damagesPresent and future damagesLiquidated damagesDamages under quantum meritSpeculative damagesMitigation of damagesThird Parties, Discharge,and RemediesEquitable remediesSpecific performanceInjunctive relief