MCS 3040 Lecture : Chapter 8 Business & Consumer Law
Document Summary
There are several ways a contract can be terminated: termination through performance. A contract is performed when all of its express or implied promises have been fulfilled. When contract is terminate dit doesn"t mean the commercial relationship has ended. When a corporation enters into a contract to provide goods & services, it is by necessity work through employees/agents. Since employees/agents are not party to the contract they cant sue or be sued. Vicarious performance: performance of contractual obligations through others. Can use this as long as personal performance of the contracting individual is not an express or implied term of a contract. Parties may enter into an agreement that is unfavorable for 1 or both of them. They may decide too : enter into new contract. Novation: the substitution of parties in a contract or the replacement of 1 contract with another.