Assignment Delegation Exam Prep

Assignment and delegation are crucial components of contract law that determine how contractual rights and obligations can be transferred from one party to another. Students must understand the differences between assignment (the transfer of rights) and delegation (the transfer of duties), including the legal consequences and limitations of each process. Key concepts include the requirement of consent, whether the assignment/delegation is permitted by the original contract, and the legal effects on the original parties to the contract once these transfers occur.

1. A party may assign its rights under a contract unless the contract prohibits assignment.
2. Delegation of duties is permitted unless the nature of the obligation is personal or the contract explicitly prohibits delegation.
3. The original obligor remains liable for performance after delegation, unless released by the obligee.
4. Consent of the non-delegating party is generally not required for assignment of rights, unless the contract stipulates otherwise.
5. If a duty is delegated, the delegatee must perform the duty to the same standard as the original obligor.

In an exam question regarding assignment and delegation, begin by clearly defining the terms 'assignment' and 'delegation.' Discuss the elements of a valid assignment, highlighting key factors such as the ability of the assignor to assign the rights and any potential prohibitions in the original contract. Then, address delegation by explaining that delegation transfers duties but does not eliminate the liability of the original party. Illustrate with examples, noting when consent of the non-delegating party is necessary. Finally, conclude with the consequences of breaching unilateral contract terms, emphasizing the ongoing responsibilities of the original obligor after a delegation is made.