3d party beneficiary Flashcards
two people have an agreement,
3d party benefits from our k
incidental 3d party
we never talked about this party or intended, but he is going to benefit
never has rights
intended 3d party
we wanted to help a 3d party
may have rights
When does 3d party rights vest?
learns of it or we tell him and then is in a position to sue
if his rights did vest, does he have the same rights or defenses?
Yes
assignment
two people have an agreement and one is giving away job or obligations to another person
Are assignments valid?
they are valid! no notice needed
assignments must be
a present intent to transfer
can you sue him if he does a bad job?
yes
can you sue og party?
yes, unless there has been a novation
if k says no assignments
if you do it, it is valid, but you can get damages for breach
if i said assignmetn is void
then you cannot assign
if it says no delegation of duty
it is enforceable
if assigning k would materially alter the risk or obligation
i cannot do that
if you hired me for my unique or special services
you cant (even if the other person has unique services)