BLAW Final (ch17)

​Pico, a famous chef, agrees to give ten culinary lessons to Rhoda in exchange for $1,200. Pico's attempt to transfer his contract duties to Sven, an unknown sous-chef, will probably be

prohibited if Pico and Sven have different skill levels

Duties that cannot be delegated

1. duties that are personal in nature 2. duties for which the delegatee's performance will vary significantly from the delegator's 3. duties in contracts that forbid delegations

what are the rules of delegation?

1. party to who the delegation is made has to agree 2. the party who delegates is still responsible

what are the exceptions of privity of contract?

Assignment or Delegation. Third Party Beneficiary Contract.

T/F A right cannot be assigned if the assignment will significantly alter the risks or duties of the obligor.

T

T/F A transfer of contract rights to a third party is an assignment.

T

T/F Contract duties are not assigned—they are delegated.

T

T/F Privity of contract establishes the basic concept that third parties have no rights in contracts to which they are not parties.

T

T/F Rights to receive funds can be assigned.

T

Market Company and Nick enter into a contract for Nick to cut and trim the landscaping around Market's building before a meeting of the company's sales staff. When Nick's schedule conflicts, he asks Otis to do the cutting and trimming. This transfer of duties is

a delegation

D'Alemberte contracts with Elias to render personal nursing services for the benefit of Federica. This is

a third party beneficiary contract

Faye makes and sells furniture. Faye and Glen enter into a contract for the delivery of Faye's products to Glen's Gear retail locations for which he agrees to pay the invoiced price. Faye transfers her right to payment under the contract to Haulers Trucking Company. This transfer is

an assignment

Transfer of contractual rights is an _______

assignment

Transfer of contractual duties is a _______________

delegation

Only original parties to a contract have rights and liabilities under the contract.

privity of contract

Laramie contracts to provide cattle-herding services to Miles for $1,400 per month. Laramie cannot transfer this duty

without continuing to be potentially liable