This is a preview. Log in to get access Show Journal Information Founded in 1912, the California Law Review was the first student law journal published west of Illinois. The Review is published six times a year, in January, March, May, July, October, and December. Each issue contains articles, book reviews, and essays contributed by non-student authors -- professors and members of the bench and bar -- as well as student notes and comments. The Review is edited and published by students at the University of California, Berkeley School of Law (Boalt Hall). Publisher Information California Law Review, Inc., a California nonprofit corporation, was established in 1926. Closely tied to the University of California, Berkeley, this organization -- whose members are all students at Boalt Hall -- is fully responsible for the operation of the Review. Rights & Usage This item is part
of a JSTOR Collection. B. Transfer of the RIGHTS is called ASSIGNMENT. 1. The ASSIGNOR has original rights and transfers them to ASSIGNEE. 2. Collection Lawsuits and Landlord/Tenant best example. Assignments. 3. Transfer of a
DUTY is called DELEGATION.
b. Example: Ms. GREEN signs a Promissory Note in favor of Mr. BLUE in the sum of $ 10,000.00. Mr. BLUE assigns his rights under the contract to Ms. BROWN. GREEN then delegates his duty to PURPLE. Once the assignment &
delegation is complete and the dust settles who is...
ASSIGNEE: BROWN OBLIGOR: GREEN/PURPLE OBLIGEE: BROWN DELEGATOR: GREEN DELEGATEE: PURPLE
b. Consideration NOT required although GRATUITOUS ASSMTS. revocable until OBLIGOR performs. 4. Not ALL contract rights assignable: Prohibitions...
b. Adversely Affects Obligor: Defraud the creditor or personal service contract c. NOTE: Contract Clauses CAN prohibit Assignment (e.g. lease) --- BUT UCC interprets this clause as only prohibiting a Delegation of Duties!!!!
b. May receive benefits of Contract and sue to enforce. c. NOTICE TO OBLIGOR: ---SHOULD but is not obligated to NOTIFY OBLIGOR. 6. ASSIGNOR Warrants that Contract is valid and OBLIGOR has no defenses. Business Law 18.Under the "American rule" governing successive assignments, the first assignee in time 9.The assignor impliedly warrants to the assignee that the obligor has capacity to contract. 10. The transfer of a right under a contract is called assignment.True 11. The person who receives a right under a contract has obtained a delegation.False 12. Once a party properly delegates a duty to the delegatee, that party is relieved of any 13. A delegator can be discharged from his/her obligation to perform his/her duty to the 14. Unless specific language indicates otherwise then an assignment of a right will be 15. The power to delegate under a contract is universal right and parties may not restrict the 16. An incidental beneficiary of a contract cannot recover under that contract.True 17. Deborah owes a debt to Casey. Sean contracts with Deborah to pay her debt to Casey. 18. A donee beneficiary of a contract can recover under that contract.True 19. Josh acquires beneficiary rights under a contract between Sunny and James. Anymodification to that contract which discharges Josh of his rights under the contract will 20. The term for an individual outside of a contract but who is envisioned to be benefited by 21. The transfer of a right under a contract is called anassignment22.The appointment of another person to perform a duty under a contract is called adelegation.23. An obligorowes a duty to perform under a contract24. With regard to an assignment, the person to whom the right has been transferred is calledtheassignee... Who is the assignee and who is the assignor?Assignee is a person to whom a right is transferred by the person holding such rights under the transferred contract (the “assignor”). The act of transferring is referred to as “assigning” or “assignment” and is a concept found in both contract and property law.
When an assignment is made the assignee has the right?The one who makes the assignment is both an obligee and a transferor. The assignee acquires the right to receive the contractual obligations of the promisor, who is referred to as the obligor (see Figure 14.1 "Assignment of Rights").
When a contract has been assigned what rights does the original contract holder assignor still have quizlet?After making an assignment, the assignor has no right left to the original contract. After making a delegation, however, the delegator is not relieved of his duty to perform. Legal principle- A party transferring her or his duties under the contract is the delegator, and the one receiving the transfer is the delegatee.
Why is it necessary for the assignee to notify the obligor of the assignment?The ASSIGNNEE should notify the obligor. If an obligor renders performance to the assignor without notice of the assignment, the obligor has no further liability under the contract to pay the correct party which would now be the assignee.
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The assignor impliedly warrants to the assignee that the obligor has capacity to contract.
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