UGBA 175 Lecture 16: UGBA175 Lec 16 10_25_2016
26 Oct 2016
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Give your rights under contract to someone else (transfer of rights) Assignee steps into the shoes of the assignor. Cannot assign if materially increase obligor"s duty/ risk/ burden (ok if equal. Assignments prohibited by contract/ no assignment clause (nac) Court views commercial no assignment clauses violating public policy not necessarily enforce nac. But court may enforce if: you have consent from the person, if person has exceptionable talent that is written in the contract, if contract is fair (appear to be fear) In consideration of this clause, (rent is set as ) Give the person a deal to get a no assignment clause. In private setting you don"t need a nac but good idea. Court thinks business should be able to freely assign! 3rd party beneficiary (1) intended beneficiary: parties to contract wanted a third party to benefit (2) incidental beneficiary, 3rd party benefits but not intended, don"t have rights.
