Third Parties to Contracts Flashcards
Voluntary transfer to a third party of the rights arising from a contract so that the assignor’s right to performance is extinguished
Assignment
Does an assignment require consideration?
No
Party making an assignment
Assignor
Party to whom contract rights are assigned
Assignee
Party owing a duty to the assignor under the original contract
Obligor
Party to whom a duty of performance is owed under a contract
Obligee
- assignments that materially increase the duty, risk, or burden upon the obligor
- assignments of personal rights
- assignments expressly forbidden by the contract
- assignments prohibited by law
Unassignable
Transfer to a third party of a contractual obligation
Delegation
- duties that are personal
- duties that are expressly nondelegable
- duties whose delegation is prohibited by statute or public policy
Undelegable contract duties
Voluntary transfer to a third party of the rights arising from a contract so that the assignor’s right to performance is extinguished
Assignment
Does an assignment require consideration?
No
Party making an assignment
Assignor
Party to whom contract rights are assigned
Assignee
Party to whom a duty of performance is owed under a contract
Obligee
Party owing a duty to the assignor under the original contract
Obligor
