Assignment and delegation Flashcards
1
Q
black letter law for assignments and delegations?
A
- assignments and deletions are valid
- doest matter if you like it, there are no limitations to assignments and delegations
2
Q
Assignment
A
- Have to make sure the assignment is a present assignment
- Cannot assign future rights
- Prohibition on assignment in contract?
1. Assignment will still be valid, but you can sue for damages if someone assigns
3
Q
What does the receiver of the assignment receive?
A
Only the terms of the original contract the parties agreed to
He also gets whatever defenses were available to the original parties
4
Q
What if the contract says the contract is not delegable?
A
no delegation is allowed, close is enforceable
5
Q
When can you have a valid contract but the right to delegate or assign would not be allowed?
A
- It would not materially alter the risk of you not getting performance
- When the nature of the contract is one where you are doing something unique or personal service
1. Doesn't matter if the other person also has the same unique skill
6
Q
After assignment, can you sue the original contract holder?
A
Yes, unless there was a novation. You can sue both the assignee and the assignor.
7
Q
Transferring right to the money (assignment)
A
- Instead of paying me services you pay bob.
- Allowed, but there needs to be notice