BUS 215 Lecture Notes - Lecture 5: Caci, Breach (Security Exploit), Implied Warranty
10 Jun 2019
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Defenses to breach of contract (continuing, frustration of purpose (krell v. henry) case: fundamental purpose of the contract is frustrated by an unforeseeable supervening event such that a party should be relieved from performance of the contract. Homeowner no want pay contractor not use exact reading pipe. This can happen in the contract or outside the contract: third party beneficiary. Thus, the contract specifies the beneficiary: send roses to my wife in exchange for . : there are two types of beneficiaries, intended (creditor or donee (a person receiving a gift), incidental. Intended third party beneficiaries can enforce the contract against a party that fails to perform and provide the benefit (fail to deliver the roses: assignment/delegation (ee or rule?) This occurs after contracting. (i. e. you owe me for detailing your car. I transfer my rights to the to yvette: assignment: transfer a right, delegation: transfer a duty.
