Contracts: Third Party Rights
Introduction
Only the Parties to a contract
have rights and liabilities under the contract.
Exceptions:
§ Assignment or
Delegation.
§ Third party
beneficiary contract.
Assignments and Delegations
Transfer of contractual rights
is an assignment.
Transfer of contractual duties
is a delegation.
Assignments
Rights cannot be assigned:
§ If the
assignment is contrary to statute.
§ When a contract
is personal in nature.
§ Assignment
materially changes rights or duties of obligor.
§ If the contract
stipulates the right cannot be assigned.
Case 15.1: Forest Commodity
v. Lone Star (2002).
Valid notice must be given to all
parties.
Case 15.2: Gold v. Ziff
Communications (2001).
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