1. Transfer of Contractual Obligations
Chapter 13

2. Contractual Rights Something You Can Receive Under a Contract
Can Be Transferred to Others by Assignment
Assignor Transfers Rights
Assignee Receives Rights

3. Assignable Rights Those Which Are Not Materially Changed by Assignment
Right to Collect a Debt

4. Non-assignable Rights
Those Materially Changed by Assignment
If Performance Becomes Substantially More Difficult
A Right Created Under A Contract That Prohibits Transfer
Claims for Damages for Personal Injuries

5. Non-assignable Rights
Claims Against the United States
Rights to Personal Services (Especially Those of a Skilled Nature or When Personal Trust and Confidence Are Involved)
Assignments of Future Wages

6. Form
Oral or Written
Written Proof Is Better

7. Delegating Contractual Duties
Transferring Routine Duties
Remain Responsible for Performance
Cannot Delegate Some Duties
Requires Personal Skill
Special Qualifications of Trust and Skill

8. Obligations of Obligors
Owes a Duty Under A Contract
Until Notified of Assignment Obligor May Pay Assignor
After Notification Is Liable to Assignee

9. Assignee’s Rights Same Rights As Assignor No More or No Less
Assignor Guarantees Right Is Legally Enforceable
Assignor Does Not Guarantee Obligor Will Perform
Assignee is Responsible for Notifying the Obligor of the Assignment

10. Performance of Duties Most contracts discharged by performance
Failure to perform is breach
Other party may regard obligation as discharged (Cancellation)
If not performed within a reasonable time is a breach
What is Reasonable Depends on Item
Substantial performance-minor duty remains
Does not discharge duties of other party

11. Anticipatory Breach Notification that you will not perform
Can wait or treat as notice as evidence of breach and sue

12. How Else Can Contracts Be Discharged
Agreement
On Specified Date or Expiration of Specified Period of Time
Upon Happening of an Event
Upon Failure of Event
At Free Will When Giving Notice
Rescission-Return All Consideration
Accord and Satisfaction
Novation-Release and Accept Substitute

13. How Else Can Contracts Be Discharged
Impossibility of Performance
External Conditions
Surprise War
Unexpected Embargo-legal stoppage of commerce
Shutdown of Major Supply source
NOT Impossibility of Performance
Inability to Pay or More Costly
Strike
Natural Disaster

14. How Else Can Contracts Be Discharged
Destruction of Subject Matter
Performance Declared Illegal
Death or Disability-Personal Services

15. How Else Can Contracts Be Discharged
By Operation of Law
Bankruptcy
Statute of Limitations
Alteration
Material change
Made Intentionally
Made by Party of Agreement
Made Without Consent of Other Party

16. Effect of Tender of Performance
Offer to Perform-tender
Tender Act-if Rejected Is Discharged
Tender Payment of Money (Legal Tender)- If Rejected Does Not Discharge
Relieves Debtor of Court Costs and Future Interest