Cases for week 4

1. Assignment
A worked in Corp. B from January to May. But Corp. B couldnt afford
to pay the salary (RMB 10,000) immediately. And they agreed that B
was to pay it in June. As A lacked money, he borrowed 10,000 from
C. A also assigned the creditors right of salary to C, which was
informed to Corp. B. But Corp. B didnt agree.
Question:
Did A have the right to assign his creditor right to C?
(Art. 80 & 81)
2. Delegation
A owed RMB 10 000 to B and could not afford to pay off. C said to A
that:If you can work for me for a week, I can pay the debt for you.
A agreed. So C said to B that he would pay the debt for A and B
agreed. But A refused to work after then.
Question:
Did C have to assume the debt?
Answer:
Yes.
3. Force majeure
In February, 2008, A (living in Sichuan) and B (living in Shanghai)
entered into a purchase contract in Shanghai. They agreed that: A
shall send an array of desks to B on May 15, 2008, and B shall pay
off the money immediately after examination . But on May 12,
2008, a serious earthquake occurred where A lived. A couldnt
deliver the cargoes because they were all ruined in the earthquake.
Question:
Could the contract be terminated because of the earthquake?
Art. 94

4. Anticipatory breach
In January, 2010, A and B made a leasing contract which stipulated
that A shall rent his house to B from June, 2010 to June, 2011. But in
May, 2010, A signed a leasing contract with C and they agreed that
A shall rent his house to C from May, 2010 to May, 2011. C
immediately moved into the house.
Question:
Could the contract be cancelled?
Art. 94
5. Delayed performance
Corp. A and Corp. B reached an agreement on purchase and sale of
moon cakes on August 13. They agreed that Corp. A was to deliver
the moon cakes to Corp. B on August 17, 5 days before the Midautumn Festival. While Corp. A delivered the goods on August 23
and Corp. B refused to accept the goods and informed A that it
would terminate the contract.
Question:
Could the contract be cancelled because of the delayed delivery?
Art. 94
6. Material breach
A and B signed a contract of sale which stipulated that A was to
send B 10,000 computers on December 4. A only delivered 8,000
computers on that day. But A promised to deliver the rest of them 3
days later. The sales volume of B was merely 5,000 per month.
Question:
Did As act constitute material breach and did B have the right of
cancellation?
Art. 94
7. Deposit with escrow

On April 8, A sold an old watch to B. B delivered the payment on

that day and told A to deliver the watch on October 1. But B was
missing on August 1. So A arranged a deposit with escrow in the
local notary office. The watch was burnt to ashes in a fire during the
storage of the notary office later.
Question:
Who shall bear the risk of destruction of watch?
Art. 102 & 103
8. Forgiveness & Confusion
A is Bs father. In May, 2010, B borrowed RMB 10 000 and a truck
from A to build his new house and they signed two contracts for
each debt. When B repaid 5,000 to A three days later, A said: You
dont have to repay the other 5,000. In October, 2010, A died and B
was his only inheritor. Yet A hadnt returned the truck by that time.
Question:
What were the reasons of terminations of the two contracts?
Art. 105 & 106