Chapter 16: Third Parties to Contracts

Question 1

Assignment

Answer 1

transfer to a third party of all your remaining rights under a contract

Question 2

What contractual rights cannot be assigned?

Answer 2

1. Personal Rights
2. Assignments expressly forbidden by the contract
3. Assignment that would materially increase the duty or risk of the other party

Question 3

“Apartment cannot be subleased to another tenant.”

Answer 3

Assignment expressly forbidden by the contract

Question 4

Your individual right to attend UMiami as a student

Answer 4

Personal Right

Question 5

You assign the right of someone to paint your house to your neighbor whose house is 3 times the size of yours which the painter had agreed to; obstructs the painters original duty

Answer 5

Assignment materially increases the duty, risk or burden of the other party

Question 6

Delegation

Answer 6

transfer to a third party of a contractual obligation

Question 7

What contractual obligations cannot be delegated?

Answer 7

Personal Obligations
Obligations that are expressly forbidden
Obligations that would materially decrease the risk, duty, or burden upon the obligor

Question 8

What is the fundamental difference between Assignments and Deligations?

Answer 8

Assignments are the transfer of contractual rights and Delegations are the transfer of contractual obligations/duties