Assignment and Delegation

Question 1

Assignment

Answer 1

is the transfer of right under a contract by one person to another

Question 2

Almost all contract rights

Answer 2

are assignable as long as all parties agree to it

Question 3

What are some contract rights that are not assignable

Answer 3

1) Personal Services
2) Trust and confidence
3) ones that materially change risk (Malpractice insurance)
4) Future Rights (except future rights Sales under UCC)

Question 4

Normally an assignment is done in writing but any act (oral or written)

Answer 4

is sufficient as long as it gives clear intent of the assignment

Question 5

Only situations included under Statue of Frauds

Answer 5

are required to be in writing

Question 6

When is an assignment irrevocable

Answer 6

when consideration is given in exchange for assignment

Question 7

General Rule: A gratuitous assignment is revocable

Answer 7

1) unless it is evidenced by writing signed by the assignor
2) effected by delivery as evidence
3) assignment is executed

Question 8

If an obligor has notice of the assignment

Answer 8

they must pay the assignee NOT the assignor