Lesson 03 - Contracts

(2) Inform Facility of the name, address, and telephone number of the Program Director (and any University designated liaisons) who will be available to assist the Facility personnel and Students of the Program and will be responsible to maintain on-going contact with Facility's designated representative,

(3) ……

ARTICLE II

RESPONSIBILITIES OF FACILITY

Facility shall fulfil the following terms, obligations, and covenants:

(1) Provide supervised learning experiences for Students in accordance with agreed upon learning objectives, skill development areas, learning experiences, and intended learning outcomes, …

ARTICLE III

TERM AND TERMINATION

(1) This Agreement shall remain in effect until the end of the University's academic year, including summer, and shall automatically renew for additional terms consisting of the University's academic year, including summer, unless sooner terminated in accordance with applicable provisions of this Agreement.

(2) Any breach of the covenants stated in Article I of this Agreement by University shall be considered a material breach of this agreement. In the event of a material breach, Facility shall have the right to terminate this Agreement immediately. …

ARTICLE IV

GENERAL PROVISIONS

(1) The Parties agree that this Agreement will be construed by the laws of the State of Texas, (exclusive of its conflict of laws) provision and venue for purposes of claims, or litigation shall be Houston, Harris County, Texas.

(2) The terms and conditions of this Agreement may be modified upon mutual written consent of the Parties at any time.

(3) …..

IN WITNESS THEREOF, the Parties have executed this Agreement in multiple counterparts. The effective date of this agreement will be the date of the last signature below.

FACILITY: ________________ UNIVERSITY OF HOUSTON: _____________________

BY: ______________________ BY: ______________________________

/Name of Appropriate Signature Authority/

/Title/

TITLE:____________________

DATE:____________________ DATE: ______________________________

BY:______________________ BY: _________________________________

/Name of Appropriate Signature Authority/

/Title/

II Remedies and Discharge of contract

1. Brainstorming. What are remedies? What is their purpose? Can you name any remedies?

2. Read the text and prepare the explanations for different types of discharge.

Apart from the formation of a contract we should, of course, discuss the end of life of a contract or its termination. This is also called discharge, which means that the parties are released from their respective obligations. There are various ways of terminating a contract, the most obvious one, anticipated by the parties, being the performance (fulfilment) of the contract. In many countries there is such a strong tradition of keeping one’s word that is unimaginable not to do what one has promised, e.g. in Japan, where people tend to rely on unwritten agreements and informal ways of solving disagreements. On the other hand, the U.S.A is a highly contractual society and precise written contracts are a part of everyday life. There, as probably in other parts of the world, a breach of contract is often the second most frequently expected manner of termination of a contract. Of course, when someone does not fulfil his/her duty there must be recourse for the other party, called, in legal terms, a remedy. In England, there are a number of common law and equitable remedies at their disposal. Most frequently, the aggrieved party is awarded damages, i.e. monetary compensation the amount of which is decided by the judge, or, in some cases in the U.S.A., also by the jury. Damages are a common law remedy which is complemented by several equitable ones. These include two court orders, one to carry out the contract, and the other not to do anything that would be in breach of the contract. The former, called specific performance may be used in situations when the subject-matter of the contract is so precious and desirable for the party that he/she prefers getting it at all costs instead of being compensated in the form of damages. The latter is called injunction and it is used generally in all sorts of situations, not only in contract law, when a party rightfully seeks protection against conduct of others.