Assignment & Delegation

Question 1

what is an Assignment

Answer 1

one party assigns away their rights in the contract

Question 2

what is a Delegation

Answer 2

one party delegates their duty under the contract

Question 3

Default Rule for Assignments/Delegationsq

Answer 3

you can freely assign/delegate whenever and to whoever

Question 4

Specific Rules re Assignments/Delegations

Answer 4

a. Other party must accept the new person to perform
b. If new person breaches, nonbreaching party can sue both new & og
- Unless: novation is executed releasing og – never infer or assume a novation
c. New person cannot unilaterally change the terms of the original contract
d. Contract includes / parties agree not to assign & one party assigns -> assignment valid (but non-breaching party can sue for damages)
e. Cannot assign when the contract is for a personal service/special skill/unique service or expertise
- Cannot give it to someone of the same level of expertise either