ESTUDYR
BLAW 3201 FINAL (FRY, LSU) GRADED A+ | ASSURED
SUCCESS WITH DETAILED RATIONALES
“Delegation” in contract law is best defined as:
A. The obligation to perform to a party.
B. The voluntary transfer to a third party of the rights arising from a contract.
C. The transfer to a third party of a contractual obligation (duty).
D. The extinguishment of all contract duties.
Rationale: Delegation transfers duties (not rights) from a obligor (delegator) to a delegatee.
The voluntary transfer to a third party of the rights arising from a contract so that the
assignor’s rights are extinguished is called:
A. Delegation.
B. Novation.
C. Assignment of rights.
D. Subrogation.
Rationale: Assignment transfers rights (performance) to an assignee; delegation is duty-
transfer.
The party who assigns contract rights (hands off the rights) is called the:
A. Assignee.
B. Obligor.
C. Assignor.
D. Delegator.
Rationale: The assignor is the person who transfers rights to another.
The party who receives contract rights from the assignor is the:
A. Assignor.
B. Obligor.
C. Assignee.
D. Delegatee.
Rationale: The assignee steps into the assignor’s position regarding those rights.
The party who owes a duty under the original contract (who must perform) is the:
A. Assignee.
B. Obligor.
C. Obligee.
D. Assignor.
Rationale: Obligor = the promisor or party obligated to perform.
,ESTUDYR
The party to whom a duty of performance is owed is the:
A. Assignee.
B. Assignor.
C. Obligee.
D. Delegator.
Rationale: Obligee is the beneficiary of the duty.
Law governing many assignments of rights for transactions in goods is primarily found in:
A. Article 3 of the UCC.
B. Restatement (Second) Contracts.
C. Article 2 of the UCC.
D. The Statute of Frauds only.
Rationale: Article 2 (sale of goods) governs many assignment issues in commercial contexts.
Which of the following is required for a valid assignment?
A. Consideration always.
B. Intent to assign (consideration not always required).
C. A written instrument in all cases.
D. Novation.
Rationale: Assignments generally require intent; consideration makes it irrevocable but isn’t
required.
If the assignee gives consideration for an assignment, the assignor:
A. Can revoke at will.
B. May not revoke the assignment without the assignee’s consent.
C. Loses all rights to sue.
D. Becomes the obligor.
Rationale: Consideration creates a contract right in the assignee, preventing revocation.
A transfer of only part of the contractual right to one or more assignees is called a:
A. Delegation.
B. Partial assignment.
C. Novation.
D. Subrogation.
Rationale: Partial assignments split rights among multiple assignees.
Most contract rights are assignable. Which is an EXCEPTION?
A. Rights involving future goods.
B. Assignments that materially increase the obligor’s duty, risk, or burden.
C. Rights to payment.
,ESTUDYR
D. Rights under negotiable instruments.
Rationale: Assignments that substantially change obligor obligations are disallowed.
Which of these is typically NOT assignable?
A. Rights to receive rent.
B. Personal services requiring unique skills.
C. Rights to proceeds of a sale.
D. Accounts receivable.
Rationale: Rights that require personal performance or unique relationships are generally
nonassignable.
In In Re Magness the trustee tried to sell golf memberships. The court refused because:
A. Trustee had no authority to sell anything.
B. Memberships were worthless.
C. Club rules acted as anti-assignment and memberships were personal contracts.
D. Trustee failed to give notice.
Rationale: Court treated memberships as personal, non-assignable absent consent.
An express anti-assignment clause in a lease typically:
A. Always voids any attempted assignment of rights.
B. May bar assignment of duties but not necessarily bar assignment of rights (depends on
wording).
C. Never enforceable.
D. Requires novation to be effective.
Rationale: Courts interpret anti-assignment clauses by their text; some prohibit duties only.
In Aldana v. Colonial Palms Plaza, Inc., the appellate court held that:
A. No assignment had occurred.
B. The anti-assignment clause invalidated the assignment to Aldana.
C. The clause barred assignment of duties but notice required landlord to pay Aldana the
assigned construction allowance.
D. Aldana had no standing to sue.
Rationale: Court read clause as limiting duties, not the right to receive money; notice mattered.
The rule “assignee stands in the shoes of the assignor” means:
A. Assignee gets greater rights than assignor.
B. Assignee inherits the assignor’s rights subject to the same defenses.
C. Assignee takes the assignor’s liabilities only.
D. Obligor can assert new defenses against assignee.
Rationale: Assignee acquires the assignor’s rights but is subject to obligor’s defenses.
, ESTUDYR
Which defenses may be asserted against an assignee?
A. None — assignees are immune.
B. All defenses the obligor had against the assignor (e.g., fraud, setoff).
C. Only fraud defense.
D. Only prior payment defense.
Rationale: Obligor can assert any valid defense that would defeat the assignor’s claim.
Notice of assignment is:
A. Required in all cases.
B. Not required but advisable to protect the assignee.
C. Always sufficient only if verbal.
D. Always defeats prior assignees.
Rationale: Notice protects assignee against multiple assignments and obligor payments to
assignor.
When an assignor transfers rights and makes a legal assurance that those rights are valid,
that promise is called:
A. Implied warranty.
B. Express warranty.
C. Delegation.
D. Novation.
Rationale: Express warranty is a contractual promise; implied warranty is imposed by law.
The majority rule for successive assignments of the same right is:
A. First to notify the obligor wins.
B. First assignee in point of time prevails.
C. The obligor chooses the assignee.
D. Last assignee prevails.
Rationale: Majority attaches priority to the earliest effective assignment.
The minority rule for competing assignees gives priority to:
A. The earliest recorded assignment.
B. The assignee who sues first.
C. The first assignee who notifies the obligor.
D. The assignee who provided most consideration.
Rationale: Some jurisdictions prioritize notice to obligor over mere timing.
A transfer to a third party of a contractual obligation (duty) is a:
A. Assignment.
B. Merger.
BLAW 3201 FINAL (FRY, LSU) GRADED A+ | ASSURED
SUCCESS WITH DETAILED RATIONALES
“Delegation” in contract law is best defined as:
A. The obligation to perform to a party.
B. The voluntary transfer to a third party of the rights arising from a contract.
C. The transfer to a third party of a contractual obligation (duty).
D. The extinguishment of all contract duties.
Rationale: Delegation transfers duties (not rights) from a obligor (delegator) to a delegatee.
The voluntary transfer to a third party of the rights arising from a contract so that the
assignor’s rights are extinguished is called:
A. Delegation.
B. Novation.
C. Assignment of rights.
D. Subrogation.
Rationale: Assignment transfers rights (performance) to an assignee; delegation is duty-
transfer.
The party who assigns contract rights (hands off the rights) is called the:
A. Assignee.
B. Obligor.
C. Assignor.
D. Delegator.
Rationale: The assignor is the person who transfers rights to another.
The party who receives contract rights from the assignor is the:
A. Assignor.
B. Obligor.
C. Assignee.
D. Delegatee.
Rationale: The assignee steps into the assignor’s position regarding those rights.
The party who owes a duty under the original contract (who must perform) is the:
A. Assignee.
B. Obligor.
C. Obligee.
D. Assignor.
Rationale: Obligor = the promisor or party obligated to perform.
,ESTUDYR
The party to whom a duty of performance is owed is the:
A. Assignee.
B. Assignor.
C. Obligee.
D. Delegator.
Rationale: Obligee is the beneficiary of the duty.
Law governing many assignments of rights for transactions in goods is primarily found in:
A. Article 3 of the UCC.
B. Restatement (Second) Contracts.
C. Article 2 of the UCC.
D. The Statute of Frauds only.
Rationale: Article 2 (sale of goods) governs many assignment issues in commercial contexts.
Which of the following is required for a valid assignment?
A. Consideration always.
B. Intent to assign (consideration not always required).
C. A written instrument in all cases.
D. Novation.
Rationale: Assignments generally require intent; consideration makes it irrevocable but isn’t
required.
If the assignee gives consideration for an assignment, the assignor:
A. Can revoke at will.
B. May not revoke the assignment without the assignee’s consent.
C. Loses all rights to sue.
D. Becomes the obligor.
Rationale: Consideration creates a contract right in the assignee, preventing revocation.
A transfer of only part of the contractual right to one or more assignees is called a:
A. Delegation.
B. Partial assignment.
C. Novation.
D. Subrogation.
Rationale: Partial assignments split rights among multiple assignees.
Most contract rights are assignable. Which is an EXCEPTION?
A. Rights involving future goods.
B. Assignments that materially increase the obligor’s duty, risk, or burden.
C. Rights to payment.
,ESTUDYR
D. Rights under negotiable instruments.
Rationale: Assignments that substantially change obligor obligations are disallowed.
Which of these is typically NOT assignable?
A. Rights to receive rent.
B. Personal services requiring unique skills.
C. Rights to proceeds of a sale.
D. Accounts receivable.
Rationale: Rights that require personal performance or unique relationships are generally
nonassignable.
In In Re Magness the trustee tried to sell golf memberships. The court refused because:
A. Trustee had no authority to sell anything.
B. Memberships were worthless.
C. Club rules acted as anti-assignment and memberships were personal contracts.
D. Trustee failed to give notice.
Rationale: Court treated memberships as personal, non-assignable absent consent.
An express anti-assignment clause in a lease typically:
A. Always voids any attempted assignment of rights.
B. May bar assignment of duties but not necessarily bar assignment of rights (depends on
wording).
C. Never enforceable.
D. Requires novation to be effective.
Rationale: Courts interpret anti-assignment clauses by their text; some prohibit duties only.
In Aldana v. Colonial Palms Plaza, Inc., the appellate court held that:
A. No assignment had occurred.
B. The anti-assignment clause invalidated the assignment to Aldana.
C. The clause barred assignment of duties but notice required landlord to pay Aldana the
assigned construction allowance.
D. Aldana had no standing to sue.
Rationale: Court read clause as limiting duties, not the right to receive money; notice mattered.
The rule “assignee stands in the shoes of the assignor” means:
A. Assignee gets greater rights than assignor.
B. Assignee inherits the assignor’s rights subject to the same defenses.
C. Assignee takes the assignor’s liabilities only.
D. Obligor can assert new defenses against assignee.
Rationale: Assignee acquires the assignor’s rights but is subject to obligor’s defenses.
, ESTUDYR
Which defenses may be asserted against an assignee?
A. None — assignees are immune.
B. All defenses the obligor had against the assignor (e.g., fraud, setoff).
C. Only fraud defense.
D. Only prior payment defense.
Rationale: Obligor can assert any valid defense that would defeat the assignor’s claim.
Notice of assignment is:
A. Required in all cases.
B. Not required but advisable to protect the assignee.
C. Always sufficient only if verbal.
D. Always defeats prior assignees.
Rationale: Notice protects assignee against multiple assignments and obligor payments to
assignor.
When an assignor transfers rights and makes a legal assurance that those rights are valid,
that promise is called:
A. Implied warranty.
B. Express warranty.
C. Delegation.
D. Novation.
Rationale: Express warranty is a contractual promise; implied warranty is imposed by law.
The majority rule for successive assignments of the same right is:
A. First to notify the obligor wins.
B. First assignee in point of time prevails.
C. The obligor chooses the assignee.
D. Last assignee prevails.
Rationale: Majority attaches priority to the earliest effective assignment.
The minority rule for competing assignees gives priority to:
A. The earliest recorded assignment.
B. The assignee who sues first.
C. The first assignee who notifies the obligor.
D. The assignee who provided most consideration.
Rationale: Some jurisdictions prioritize notice to obligor over mere timing.
A transfer to a third party of a contractual obligation (duty) is a:
A. Assignment.
B. Merger.
