Management and Organizational Studies 2275A/B Chapter Notes - Chapter 9: Syllogism, Specific Performance, Equitable Remedy

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: Prof

Document Summary

Through performance: when both parties fulfill their contractual obligations to each other: performance of others. Vicarious performance: performance of contractual obligations through others. Through agreement: parties bringing their contract to an end. Assignment: the transfer of a right by an assignor to an assignee. Permits the assignor to assign the right to collect to another person, the assignee without the agreement of the debtor. Through frustration: performance of contract is impossible therefore it is terminated: frustration: termination via an unexpected event or change that makes performance functionally impossible or illegal, must establish that the event. Was a matter that neither party has assumed the risk of it occurring: force majeure: parties determine in advance what would frustrate the contract. Balance of probabilities: proof that there is a better than 50% chance of the plaintiffs allegations: privity of contract: establishment of contract between parties by the plaintiff.