Assignment of Rights and Delegation of Duties Flashcards
1
Q
What is an assignment?
A
A transfer of a right to receive a contract performance
2
Q
When are rights not assignable?
A
(1) assignment would materially change the duties of the other party;
(2) when the obligor has personal interest in rendering performance to the obligee and not a third party;
(3) when it would violate applicable law or public policy;
(4) when assignment is prohibited by the K (most courts will treat this as a breach, but not a basis to nullify the K)
3
Q
What contractual duties are NOT delegable?
A
(1) personal services
(2) when the K prohibits delegation
