36 Privity of contract, discharge, and remedies.pptVIP

36 Privity of contract, discharge, and remedies A Privity of contract 合同当事人关系 Privity –相互关系 n. The relationship that exists between people as a result of their participation in some transaction or event; for example, privity of contract and privity of estate地产租约关系；出租人与承租人的相互关系. Confer— ~ sth. (on / upon sb.) to give sb. an award, a university degree or a particular honor or right: An honorary degree was conferred on him by Oxford University in 1995. Provide— 1. [tr.] (formal) give as a condition; stipulate: A clause in the agreement provides that the tenant shall pay for repairs to the building. 2. ~ for (of a bill, legal agreement, etc.) establish the legal basis or authority for sth. to be done later: The right of individuals to appeal to a higher court is provided for in the constitution. Principal— 1. person for whom another acts as his agent, e.g. in business or law: I must consult my principals before agreeing to your proposal. ?2. person directly responsible for a crime (contrasted with an accessory or abettor). Assign sth. to sb.: — transfer (property, rights, etc.) to sb. or, in other words, to say that your property or rights now belong to sb. else: The agreement assigns copyright to the publisher. ◆ She has assigned the lease to her daughter. Novation 合同更新；债的更新，债的变更。n. — The substitution of a new contract for one already existing. The new contract may be between the same parties or it may involve the introduction of a new party, as in the case of the substitution of debtors. If A owes B ￡100 and B owes C ￡100, novation would occur if all three agreed that the existing debts were to be extinguished and that A is to pay C a new debt of ￡100. Novation should be distinguished from assignment of a commercial agreement, in which no new agreement is needed and the benefit of a contract is transferred to the assignee. B Discharge of contract （部分词汇参见34课） Defective performance—欠妥的履行Where the quality or standard of a p