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9 Cards in this Set
- Front
- Back
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With regards to insurance, is there privity in auto insurance? What about in situations of contracts of land? When are people responsible? What is an enurement clause? |
NO - company may indemnify owner and anyone driving with their consent Rules of privity DO NOT apply in land law; are responsible if someone arranges services for someone and services are carried out Extends rights and benefits to those inheriting |
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What does the exemption clause do? In an assignment, what can be assigned? How many K are in an assignment? |
Protects 3rd parties in performance of a K; protects from vicarious liability Only rights or benefits to a K, not contractual obligations or liabilities 2 - first creates unperformed right; second assigns unperformed right to 3rd party |
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What are choses in possession? What are choses in action? |
Rights to tangible property; Rights to intangible property -- patents, stocks, and CONTRACTS that may be enforced in the courts |
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In equitable assignment, when will a court decide a dispute? |
Will not decide a dispute unless all the persons directly affected by its decision have been made parties to the court proceedings and have an opportunity to argue on their own behalf ALL parties must have the intention that the K was to be assigned |
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What is a statutory assignment? What must be present? What is an equitable assignment? |
Enables assignee to sue the other party without joining the assignor to the action; 1. assignment was absolute - unconditional and complete 2. assignment was in writing 3. promisor received notice of assignment in writing An assignment other than a statutory assignment |
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What do all assignments require? What is not needed? When might a promisor have to make payments twice? |
All assignments require notice, but do not need the permission of the promisor EXCEPT if in writing; If after a notice by assignee the promisor has already made a payment to the debtor |
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What happens when there is multiple assignees? What does "take subject to the equities" mean? What defense is available for the promisor? |
The first one who gives notice will 'win'; The assignee cannot get a better right to sue the promisor than the assignor had May claim assignee mistake, undue influence, duress, and fact they received no consideration for the promise (contract is voidable) |
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What is meant by 'assignee's title'? What is a 'set off?' Where must this be claimed? There is no set off allowed IF: ___________? |
Obtaining K rights by fraud does not, by assigning these rights, give an innocent assignee the right to enforce them against the defrauded promisor The right of a promisor to deduct an existing debt owed to it by the promisee -- must be claimed in a defense!!! No set off allowed if assignment is acknowledged (by notice) |
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If someone dies during an assignment, what happens? If there is no will (inestate)? |
The rights or obligations under the outstanding K are assigned to a personal representative named in will (executor) If there is no will, the court will appoint a representative (administrator) |
