BLW 1001 Lecture 17: Chapter 17 notes
6 Feb 2017
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Document Summary
A contract consists of rights and duties. When rights are transferred, this is an assignment. The person who makes the assignment is the assignor. When duties are transferred, this is called a delegation. The person who accepts the assignment is the assignee. The assignee is entitled to the same protections the assigner had under the law. No particular formalities are required to create an assignment. Not all contracts are assignable if the object of the promisor objects. An assignment that would materially alter a promisor"s duties is not enforceable. Contracts involving personal rights are generally non-assignable. Contracts that expressly forbid assignment are also generally not assignable (although some states refuse to enforce non-assignment clauses. ) Assignments contrary to public health aren"t effective. An assignee is entitled to all rights the assignor had under the assigned contract including the right to the promisor"s performance. If the promisor doesn"t perform, the assignee can sue.
