Chapter 12

Chapter 12 - Chapter 12-Third Party Rights and Discharge...

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Chapter 12—Third Party Rights and Discharge What is the difference between an assignment and a delegation? What rights can be assigned despite a contract clause expressly prohibiting assignment? What factors indicate a third party is an intended beneficiary? ASSIGNMENTS Offeror and Offeree Transfer of contractual rights to a 3 rd party (assignee). The assignee has the right to demand performance from the other original party (Obligator) to the contract. DELEGATION Transfer of duties to a 3 rd party (Delegatee) by Delegator. Delegatee owes duty to original party in contract. Delegator is still liable for performance of duty. THIRD PARTY BENEFICIARIES 3P Intended Beneficiary (Creditor and Donee) Original parties to K intend at the time of contracting the contract performance directly benefit a 3 rd party. After rights vest, 3P can sue for breach. 3P Incidental Beneficiary. Benefit is unintentional. 3P has no rights. Vogan
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Chapter 12 - Chapter 12-Third Party Rights and Discharge...

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