Assignment of Rights + Delegation of Duties Flashcards
Does Ned have to convey the land to the Rich Texan if (1) Ned entered into contract to sell his land to Professor Frink for $500K in 60 days, (2) contract silent as to assignment, (3) 10d later, Frink assigned contract to Rich Texan, (4) Ned objected to the assignment?
Yes b/c Frink is still liable to Ned on the contract - their contract did not limit assignment so by assigning the contract to the Rich Texan, Frink has delegated his duties yet remains liable to Ned for the payment of the purchase price - even if Rich Texan isn’t as credit worthy, Ned can still compel Frink to do so - even though Rich Texan isn’t as creditworthy as Frink, Ned would usually only be able to object if Ned had some substantial interest in Frink performing, like a science related service that only Frink can perform
Who should the court order the insurance company to pay if (1) Homer won judgment against Mr. Burns for tort, (2) Homer will be getting payments from Mr. Burns’ insurance company for 10Y, (3) +1Y, Homer assigns his rights to payments to Bart, (4) +2Y Homer lost a tort suit as a defendant by Lenny, (5) Homer assigned the rights to payments from Mr. Burns’ insurance company to Lenny, (6) Lenny knows about Homer’s assignment of proceeds to Bart, (7) Burns’ insurance company properly files interpleader?
Lenny b/c Homer’s assignment to Bart was gratuitous - his subsequent assignment to Lenny revoked any prior assignment to Bart b/c Homer never put the assignment in writing that was supported by a document - as such, it was gratuitous and therefore freely revocable - even though Lenny knew about Homer’s assignment to Bart, Lenny would still get it b/c Homer’s assignment to Bart was not irrevocable
