LSU BLAW 3201 FRY Final Version B
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The obligation to perform to a party. - ANSWER-delegation
transfers
Voluntary transfer to a third party of the rights arising from a
contract so that the assignor's rights to performance are
extinguished. - ANSWER-assignment of rights
Party making an assignment; handing off the contractual rights. -
ANSWER-assignor
Party to whom contract rights are assigned. - ANSWER-
assignee
The party owing a duty to the assignor under the original
contract, the person who must perform. - ANSWER-obligor
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The party to whom a duty of performance is owed under a
contract. - ANSWER-obligee
Law governing assignments is primarily under ___________. -
ANSWER-Article 2 of the UCC
Requirements of an assignment include _______ but not
_______. - ANSWER-intent; consideration
When the assignee gives consideration, the assignor may not
revoke the assignment without the assignee's consent. -
ANSWER-revocability of assignment
Transfer of a portion of contractual rights to one or more
assignees. - ANSWER-partial assignment
Most contract rights are assignable, except? - ANSWER-1.
Assignments that materially increase the duty, risk, or burden
upon the obligor.
2. Assignments of personal rights.
3. Assignments expressly forbidden by the contract.
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4. Assignments prohibited by law.
Rights That Are Not Assignable: Personal Rights: In Re
Magness: Why did the trustee in bankruptcy want to assign the
golf memeberships? - ANSWER-The trustee sought to assign
the golf memberships to recover value for the bankruptcy estate
by selling them to members on the waiting list, other members,
or the general public.
Rights That Are Not Assignable: Personal Rights: What did the
bankruptcy court decide regarding the assignment of the golf
memberships? - ANSWER-The bankruptcy court found that the
club's rules functioned as anti-assignment provisions and ruled
that the trustee could not assign the memberships.
Rights That Are Not Assignable: Personal Rights: How did the
district court view the nature of the contract between the club
and its golfing members? - ANSWER-The district court saw the
contract as a personal, non-commercial agreement, not a lease,
involving social and recreational relationships.
Rights That Are Not Assignable: Personal Rights: What is the
significance of the waiting list in the court's decision? -
ANSWER-The waiting list represented individuals with
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contractual expectations and financial investments based on a
defined selection process, which would be undermined by
allowing the trustee to assign memberships.
Rights That Are Not Assignable: Personal Rights: Why did the
court refer to the contract as a "personal contract"? - ANSWER-
Because the membership involved personal relationships and
activities (like golfing and socializing), under Ohio law, such
contracts are not assignable without consent due to the
importance of the individuals involved.
Rights That Are Not Assignable: Personal Rights: Could the
trustee assign the golf memberships if the club had consented? -
ANSWER-Potentially yes, because personal contracts can
sometimes be assigned with the consent of all involved parties.
In this case, the club did not consent.
Rights That Are Not Assignable: Personal Rights: What legal
principle did the court apply in denying the trustee's motion to
assign the golf memberships? - ANSWER-The principle that
personal contracts, where the identity or personality of the
parties is essential, are not assignable unless consent is given.