BLAW 3201 Chapter : Chapter 16 Notes
Document Summary
In ancient times, contracts were not allowed to be assignment. If lsu tries to transfer mark fry to lsu alexandria (assignment), it will not be enforceable because of this. It the contract explicitly provides that it may be assigned, then rights under it are assignable even if the assignment would change the duty, risk, or burden of performance on the obligor. Implied warranties of assignor: an implied warranty is an obligation imposed by law upon the transfer of property or contract rights. Duties of the parties: even when permitted, a delegation of a duty to a third person still leaves the delegator bound to perform. In an incidental beneficiary contract, the third party is not intended to receive a benefit under the contract: courts do not enforce the third party"s right to the benefits of the contract. In others, vesting occurs when the third party learns of the contract and assents to tit.
