BLS 111 Lecture Notes - Lecture 17: Life Insurance, Non-Compete Clause, Sogeti
5 Mar 2018
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Pass laws to ban these clauses to even the playing field (lawn mower doesn"t matter if bought out: specific doctor can"t be bought out) Alter obligor"s risk john owns summer home sells to sally. Shift to corporations with class action lawsuits banned for arbitration take it or leave it contracts. Delegation another person to perform a duty. Assign rights: pay off debts, get money now. Common law: no assignment because debtors jail because identity of creditor mattered. Intent to create assignment gratuitous admissible but can be revoked. Exception to assignment: nature of personal services unique owners insurance. First impression first time courts answer this question: specific consent for assignment. Assignability of rights favored and anti-assignment narrowly tailored. American rule once b conveys right to c, c has it. English rule the 1st person to notify a gets $ 3d rule: 1st assignee has right, unless 2nd assignee does certain things.
