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Chpt 19 Third-party
Kubasek Dynamic business Law Chapter 19
| Question | Answer |
|---|---|
| assignee | In a contract, the party who receives the rights of another party (assignor) to collect what was contractually agreed on in the original contract. |
| assignor | In a Contract, the party who transfers his or her rights to a contract to a third party (an Assignee), giving the assignee the right to collect what was contractually agreed on in the original contract. |
| assignment | is the transfer of rights under a contract to a third party. |
| Creditor beneficiary | is a third-party who benefits from a contract in which the promisor agrees to pay the promisee's debt. |
| Donee beneficiary | is a third party who benefits from a contract in which a promisor agrees to give a gift to the third party. |
| Vesting | is the maturing of rights such that a party can legally act on the rights. |
| promisor | is the party to a contract who made the promise that benefits the third party. |
| promisee | is the party to the contract who owes something to the promisor in exchange for the promise made to the third-party beneficiary. |
| Contractual duties that cannot be assigned: | 1. Duties personal in nature 2. Duties resulting in performance substantially different from that which the obligee originally contracted. 3. Duties in a contract that expressly forbids delegation. |
| Delegation | Is the transfer of a duty under a contract to a third party. |
| Delegator | is the party to a contract who transfers his or her duty to a third party. |
| delegatee | is the party no in privity to a contract who is the recipient of a transfer of duty to a contract. |
| intended beneficiary | is a third party to a contract whom the contracting parties intended to benefit directly from their contract. |
| incidental beneficiary | is a third party who unintentionally gains a benefit from a contract between other parties. |
| Contractual rights that cannot be assigned | 1. Rights that are personal in nature 2. Rights that would increase the obligor's risks or duties. 3. Rights in a contract that expressly forbids assignment. |
| Obligor | is a contractual party who owes a duty to the other party in privity of the contract and now must instead perform for a third party. |
| obligee | is a contractual party who is owed a duty from the other party in privity of the contract and now will receive performance from a third party. |
| English rule | A rule which states that the first assignee to give notice of assignment to the obligor is the party with rights to the contract. |
| First-assignment-in-time Rule | A rule which states that the first party granted an assignment is the party correctly entitled to the contractual right. |
| Third-party beneficiary | A recipient of contractual benefits who is not one of the contracting parties; created when two parties enter into a contract with the intended purpose of benefiting a third party. |