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Assignments Contractual Rights
–something you will receive under
Transfer of Contractual
What is Assignable?
Assignments a right created under a contract that
prohibits transfer of the contractual
claims for damages for personal
claims against the United States
rights to personal services…
future wages (limited) Docsity.com
Assignments Ford, a dentist, owed Benet $5,000 for office
furniture. Benet agreed to accept $1,000 in
cash & $4,000 in orthodontic services for
Soon after, Benet needed the money so he
assigned his right to receive dental services
Assignments The Whipple Family bought a house. After a
down payment of $15,000, the balance, plus finance charges, was to be paid to Bank One.
Bank One needed cash for further investments, so they sold Whipple’s contract to Wells Fargo Bank and told Whipple to make all mortgage payments to Wells.
Delegations Contractual Duties
– legal obligations created by a contract
Routine duties transferred to another
CANNOT if agreement:
Contract prohibits delegation
Requires personal skill or talents
Larry hired Carol to care for his child
while Larry was at work.
Could Carol legally delegate
the child care duties to another?
Delegations While completing the
Whipple’s new home, Builders
Construction had to hire
several other contractors in
order to finish work on
Assignments and Delegations (quick review)
Must notify assignments, not delegations
one who owes a duty
one who receives the benefits of a duty
Breach by obligor?
Assignee must sue -- Assignor not liable
Discharge Termination of duties required as promised
UCC -- cancellation
Anticipatory breach (default)
By operation of law
You decide! #1 Aaron contracts with Smith to install a new
kitchen sink (complete with faucet).
Because of several other jobs that require
his attention, he asks Smith if she would
accept someone else to complete the job
with the same terms.
Can they do this?
If so, what is it called?
Discuss any legalities. Docsity.com
You decide! #2 You borrow a pretty good sum of money
from a friend. However, you could not
pay the loan back on schedule. You
offer your friend your fairly new stereo
system as payment.
Can you do this?
If so, what is it called?
You decide! #3 Blatz is a famous race car driver. He was
contracted to drive the #1 car for the ACE
Racing Team in the big holiday race.
While transporting the car to the race, the
team was in an accident and the car was
Must Blatz drive for the team?
You decide! #4 Sundstrom, a qualified electrician, contracted
with Rodriguez to rewire his house. Before
he could begin work, Sundstrom was
involved in a serious auto accident which
left him paralyzed.
Is performance still required by Sundstrom?
Why or why not?
You decide! #5 Forest owned a landscaping business. He
contracted to take care Smyth’s lawn while
he was away in Alaska. Smyth planned to
survey the state as part of his
autobiography. He had no plan or schedule.
If so, When would the contract terminate?
You decide! #6 Casey contracts with Bidders to clear off 10
acres of land owned by Bidders. A clause in the contract allows for a 5% discount if payment is made in full before performance begins.
The contract was properly signed but before both parties received copies, Bidders secretly added a 1 to the 5, thus allowing a 15% discount.
How much discount is allowed?
You decide! #7
A friend is under a 1-year contract to
play professional football.
In an automobile accident, he suffers
internal injuries and is unable to play
for the remainder of the season.
Does he remain on the team payroll?
You decide! #8 Tippner contracted with Barnell to build a
public storage facility on land owned by
Before construction began, the city rezoned
the land restricting the site to residential
Can construction begin?
What if Tippner had begun construction?
You decide! #9 In late November, you contract with Jones to
remodel his kitchen. The job is to be
completed by December 24th at the latest.
In mid-December you notify Jones that
because of several other jobs you cannot
begin his job until after the new year.
What have you done?
What are Jones’ options?