BALW20150 Lecture Notes - Lecture 13: Contract
15 Apr 2017
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Document Summary
Third parties generally do not acquire any rights or duties under other people"s contracts. When prohibited by the contract (subject to exception) Where there has been an assignment of a right, the assignee stands in the shoes of the assignor and is entitled to performance from the obligor. The unconditional assignment of a contract right extinguishes all the assignor"s right. Delegation a transfer of contractual duties by the obligor to another party for performance. Delegator the obligor who transferred his or her duty. Delegee the party to whom the duty has been transferred. When special trust is placed in the obligor. Personal service contracts calling for the exercise of personal skills, discretion, or expertise. Contracts whose performance would materially vary if the obligor"s duties were delegated. If the delegation is valid, the delegator remains legally liable for the performance of the contract. If the delegatee does not perform properly, the obligee can sue the obligor- delegator for any resulting damages.
