tailieunhanh - Lecture Business law: The ethical, global, and e-commerce environment (13/e): Chapter 17 - Mallor, Barnes, Bowers, Langvardt
Chapter 17: Rights of third parties. In this chapter, you will learn: Explain the concept and consequences of assignment, explain the concept and consequences of delegation, discuss the concept of the third party beneficiary and identify the three kinds of beneficiaries. | Contracts Introduction to Contracts The Agreement: Offer The Agreement: Acceptance Consideration Reality of Consent 3 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Contracts Capacity to Contract Illegality Writing Rights of Third Parties Performance & Remedies 3 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Rights of Third Parties P A E T R H C 17 “The best minute I spend is the one I invest in people.” Kenneth Blanchard, The One Minute Manager (1993) Learning Objectives Assignment of Contracts Delegation of Duties Third-Party Beneficiaries 17 - Sometimes a person who entered into a contract must transfer contract rights or duties to another person (third party) Transfer of a right under a contract is called an assignment Appointment of another person to perform a duty under a contract is called a delegation Overview 17 - Examples of transfer of rights or duties: sublease of . | Contracts Introduction to Contracts The Agreement: Offer The Agreement: Acceptance Consideration Reality of Consent 3 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Contracts Capacity to Contract Illegality Writing Rights of Third Parties Performance & Remedies 3 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Rights of Third Parties P A E T R H C 17 “The best minute I spend is the one I invest in people.” Kenneth Blanchard, The One Minute Manager (1993) Learning Objectives Assignment of Contracts Delegation of Duties Third-Party Beneficiaries 17 - Sometimes a person who entered into a contract must transfer contract rights or duties to another person (third party) Transfer of a right under a contract is called an assignment Appointment of another person to perform a duty under a contract is called a delegation Overview 17 - Examples of transfer of rights or duties: sublease of your apartment, asking another person take over work you agreed to do, or doing something to benefit a third person Example of an assignment: Jane arranges for her employer to transfer her next paycheck to her parents’ bank account Employer is the obligor (owes Jane money) Jane is the obligee and assignor Jane’s parents are the assignees Example of delegation: Mike mows Janet’s lawn weekly. Mike becomes ill and arranges for Sonny to mow Janet’s lawn Janet is the obligee Mike is the obligor and delegator Sonny is the delegatee Assignment will not be effective if it: Is contrary to public policy Violates a non-assignment clause in a contract See Managed Health Care Associates v. Kethan Adversely affects obligor in significant way Involved a personal relationship or element of personal skill or character Limitations on Assignment 17 - With regard to adversely affecting the obligor in some way, any assignment will change an obligor’s duty to some extent. For example, a right to receive
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