A simple delivery contract includes the scenario where the seller delivers the goods to the buyer via his own delivery truck. The contract becomes a shipment contract when a common carrier, not the seller's agent, is used for delivery.
Mutual Release of Liability. Promise not to sue the other party over the original contract. Choice of State Law to Govern Termination Agreement. A statement that neither party has assigned any of their rights under the original contract to any other person.
The contract is terminated. What is the legal effect of the death or incapacity of a party whose personal services are necessary to fulfill the terms of the contract? It does not release the parties' obligations under a contract.
A contract may be terminated by either or both parties by consent or agreement. There are multiple ways to end a contract such as its execution, impossibility of execution (frustration), breach, termination by prior agreement, rescission, novation of the contract or force majeure.
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