Assignment And Delegation Flashcards
What is the difference between assignment/delegation and a 3PB?
Time. Assignment occurs after the contract is concluded
Assignment defined
Transfer of rights
True or False: Almost all rights are assignable
True
Delegation defined
Transfer of duties and obligations
True or False: obligations are generally delegable
Generally true. However, a certain duties are non-delegable
In what situations is an assignment not allowed
1) materially increases duty or risk of obligor OR
2) materially reduces the obligor’s chance of obtaining performance
— — — may not have the rights assigned
Personal service contracts
True or False: output and requirements contracts are assignable
False
What is required for an assignment?
Present intent to transfer right
True or False: an assignment requires the use of the word assign
False
An assignment is — if made for —
Irrevocable
Consideration