Assignment Style Answer.docx - Termination Termination is when a contract is stopped and discharged 解除 and neither parties have to perform any

Assignment Style Answer.docx - Termination Termination is...

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Termination : Termination is when a contract is stopped and discharged 解除 , and neither parties have to perform any future obligations. However, any existing right 权利 already accrued 积累 still exists after termination 1 . A contract can be terminated, discharged 解除 by performance 合同完全履行的情况 , agreement 互相协议 , frustration 挫折 / 落空 , operation of law, lapse 过期 of time, or because of a term in the contract or by breach or anticipatory breach/repudiation 拒绝履行合同 2 . Termination for Frustration : 指合同签订后由于双由于无法控制的要素,当事人不能或没有办法旅行合 同义务 The doctrine 原则 of frustration applies when a supervening event 意外事件 renders 使得 the contract impossible to perform or radically different 重大改变 3 . The contract is thus automatically 自动 discharged and both parties are relieved 解除 from future obligations 4 . However, frustration if not available 可以获得 on the facts. The hotel’s negligence 过失 is the cause of the fire. Frustration is not available where a party is the cause of the frustrating event. Courts have repeatedly said “self- induced 自我诱导” frustration is not frustration 5 . Termination for Anticipatory Breach 预期违约 /Repudiation 一方拒绝履行合同 : Anticipatory breach 预期违约 and repudiation 一方拒绝履行合同 are two related circumstances where a contract can be terminated before the obligations are due 截止日期 . Repudiation is a situation where one party indicates an inability or unwillingness to perform their obligations before they are due 6 . The obligations must relate to the root 根本 of the contract. The contract has clearly been repudiated by the hotel. The hotel explicitly 明确 states that due to the fire, they will be unable to provide the hotel service. This is an example of unambiguous 完全清楚 repudiation – the hotel will not perform its fundamental obligations. Where a contract is repudiated, the future obligations of the parties are discharged 解除 , and the innocent party 无过失的一方 is entitled 有权 to sue for damages 7 赔偿金 .
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