BALW20150 Lecture Notes - Lecture 14: Undue Influence, Contract, Business Judgment Rule
15 Apr 2017
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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, and only those rights. The unconditional assignment of a contract right extinguishes all the assignor"s rights. 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. Third parties sometimes claim rights under others" contracts. A third party who is not in privity of contract but is an intended beneficiary: Factors to be considered in deciding whether a third party is an intended beneficiary:
