Contractual Dispute Resolution

Summary

Both parties in a sales contract can sue for breach. Lease agreements may restrict assignment. Assignment generally doesnt increase obligors duties unless it changes the duty or burden.

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Suppose that Nigel enters into the sales contract from the previous question (he buys the Accord for $*,*). The Honda dealership wrote the agreement, and Nigel was the only party to sign. Based on this information, who could sue about the agreed-upon terms of the contract if there was a problem?
In Texas, both Nigel and the Honda dealership could potentially sue regarding the terms of the contract. Nigel could sue the dealership for breach of contract if they fail to deliver the vehicle as agreed. Conversely, the dealership could sue Nigel for non-payment or failure to comply with the contract terms.
Is there a specific issue you're facing with this contract?
Katerina owned property in Miami right on the beach that she leased to Scotty. Scotty used the property for business purposes, which was allowed under the lease. Three months into the lease, Scotty transferred his lease to a sports agent company for $*,*, which became the new tenant under the lease. Katerina became upset with Scotty's transferring of the lease because she thought that since she leased the property to Scotty, he should not be allowed to let anyone else lease the property. Furthermore, she had a strong aversion to sports agents after watching the movie Jerry Maguire, and she did not want any money-grubbing sports agents working on her property. Subsequently, Katerina wonders whether there is any way she can limit the ability of Scotty to transfer the lease. The chapter discusses certain rights that cannot be assigned. Does this situation violate any of those rights
In general, lease agreements often include clauses regarding the assignment and subletting of the property. If Katerina wants to limit Scotty's ability to transfer the lease, she should review the lease agreement to see if it has any restrictions on assignment. If not, she can include a clause in future leases that prohibits or limits assignment without her consent.
Does the current lease agreement have any clause about assignment or subletting?
is it true that the assignment increases the risk or duties the obligor would face in fulfilling the original contract.
Hi there! Generally speaking, in Texas, assignment of a contract does not usually increase the risk or duties of the obligor (the party obligated to perform). However, there are some exceptions:
- If the assignment materially changes the duty of the obligor.
- If the assignment significantly increases the burden or risk imposed on the obligor.
- If the assignment impairs the obligor's chance of obtaining return performance.
Is there a specific concern or detail in your situation that you're worried might increase the risk or duties?