Chapter 16 Flashcards
Intended beneficiary
Someone who may enforce a contract made between two other parties
Promisor
Makes the promise that a third party seeks to enforce
Promisee
The contract party to whom a promise is made.
Creditor Beneficiary
If the promise is fulfilling some duty, the third party beneficiary is called crecitor beneficiary
Donee Beneficiary
If the promise is making a gift.
Incidental Beneficiary
Someone who might have benefited from a contract between two others but has no right to enforce that agreement
Assignment
Transferring contract rights
Delegation
Transferring contract duties
Obligor
The party obligated to do something.
Assignor
the one making the assignment
Assignee
The one receiving the assignment.
Any contractual right may be assigned unless assignment
- Would substantially change the obligors rights or duties under the contract
- Forbidden by law or public policy
- Validly precluded by the contract itself
Gratuitous assignment
One made as a gift for no consideration. Generally revocable if it is oral and generally irrevocable if it is written
Security Interests
Rights in personal property that assure payment or the performance of some obligation
Novation
A three-way agreement in which the obligor transfers all rights and duties to a third party.