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Author Question: Neither party can delegate the duties under a contract as readily as the rights can be assigned. ... (Read 117 times)

theo

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Neither party can delegate the duties under a contract as readily as the rights can be assigned. Explain. Neither party can delegate the duties under a contract as readily as the rights can be assigned. Explain.Neither party can delegate the duties under a contract as readily as the rights can be assigned. Explain.

Question 2

Which of the following duties would most likely not be delegable?
 A) Joe has a contractual duty to pay Izzie 50.
 B) Ken has a contractual duty to deliver 50 bushels of corn to Martin by October 1.
 C) Andy has a duty to teach an accounting class at a community college during the fall semester.
 D) Josh has a duty to mow Genelle's lawn at least once a week.



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macybarnes

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Answer to Question 1

As a general rule, a party's rights under a contract may be assigned to another who is not a party to the original undertaking. One's rights under a contract may be transferred almost as freely as property and notice need not be given to the other party in order to make the assignment effective between the assignor and the assignee. A delegation describes a transfer to the duties alone without a transfer of rights. Neither party can delegate the duties under a contract as readily as the rights can be assigned, because a personal element more frequently exists in the performance aspect of a contract. In many cases, it would change the obligation thereof if another were to perform it. In those contracts that involve taste, trust and confidence, such as legal representation, one may not delegate the duties. Only when the performance is standardized may one delegate its performance to another.

Answer to Question 2

C




theo

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Reply 2 on: Jun 24, 2018
Excellent


bulacsom

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Reply 3 on: Yesterday
Thanks for the timely response, appreciate it

 

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