Assignment and delegation Flashcards

1
Q

black letter law for assignments and delegations?

A
  1. assignments and deletions are valid
  2. doest matter if you like it, there are no limitations to assignments and delegations
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2
Q

Assignment

A
  1. Have to make sure the assignment is a present assignment
  2. Cannot assign future rights
  3. Prohibition on assignment in contract?
      1. Assignment will still be valid, but you can sue for damages if someone assigns
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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

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4
Q

What if the contract says the contract is not delegable?

A

no delegation is allowed, close is enforceable

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5
Q

When can you have a valid contract but the right to delegate or assign would not be allowed?

A
  1. It would not materially alter the risk of you not getting performance
  2. 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
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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.

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7
Q

Transferring right to the money (assignment)

A
  1. Instead of paying me services you pay bob.
  2. Allowed, but there needs to be notice
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