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7 Cards in this Set
- Front
- Back
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What is the connection between Assignment and Delegation?
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There is one connection. Everytime you have an effective delegation a TPB K is created.
Assignment and Delegation it takes two contracts to get the right to the third party. |
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What is the difference between Assignments and Delegations?
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- Contract rights are assigned. Duties are Delegated.
- Assignor- making the assignment. Whom the assignment has been made to ( stranger to the original party) assignee. Origninal contracting party whose obligation is assigned is the obligor. Find the party that is common to both contracts and put them on the corner. The person that goes left is the first K and left to the bottom goes to the cornor. |
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Practice with terminology...
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Problem 181
Joe has to pay the finance company - JA- obligor - WS- assignor - NF-assignee Problem 182 - NOweners- delegatee - OldOwners- delegator - Arms-POD New owner has promised to perform. It has created Joe is a third party then go to the white sheet. |
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Assignment and Delegation:
Performance Obligations |
Macke Co. v. Pizza of Gaithersburg, Inc.
This court holds that absent provisions to the contrary, a duty may be delegated, as distinguished from a right which can be assigned, and tha the promise cannot rescind, if the quality of the performance remains materially the same. Found that the delegation of duty by Virginia to Macke was entirely permissible under the terms of the agreements. o There is an assignment of the right to money and there is a delegation of the right to supply machinery. It is a mixed bag o Bottom of page 802- in the absence of a provision and a delegation clause means that there is an absence as an anti-assignment clause. And also that there is a right to be personal. o There is a delegation of a third party. Macke made a promise to VC who benefited Pizza. Who can pizza sue both unless novation that releases VC. |
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THE PINK SHEET:
Pure Delegation |
- takes two contracts
- this case duty to perform something - if it can be obejectivly evaluatred it is not too personal - If you have a novation a delegator would not be liable |
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THE PINK SHEET:
Mixed |
- two right angles super imposed on each other; one being the delegation the other involves the assignment
- ON exam you break it into two parts - At minimum it is going to be an assignment of a right it might not be a delegation of a duty - First do assignment, then Do delegation- then create the third party beneficiary contract off the delegation contract once that is done run the white sheet (FOR EXAM) |
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THE PINK SHEET:
Effective Delegation- (langle case) |
- every time you have an effective delegation it creates a third-party beneficiary
- the delegate either or expressly or implied to take over the duty, the benefit is the pod - if you can’t see the T turn it 90 degrees - Delegatee promisor and delegator is the promise and the Pod is the third party - If they do not perform they can sue the delegate and the delegator and third party unless novation |
