blaw chap 15

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Last updated 5:40 PM on 4/11/25
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15 Terms

1
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creditor beneficiary

A third party who benefits because of a debt; can sue both promisor and debtor.

2
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donee beneficiary

A third party who receives a gift; can sue only the promisor.

3
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incidental beneficiary

A third party who unintentionally benefits; has no legal rights.

4
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assignment

Transfer of contract rights to a third party.

5
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assignee position

Takes Contract “As Is” → Any claims, defenses, or set-offs against the assignor still apply.

6
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valid right warranty

The assigned right is real and enforceable.

7
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ownership warranty

The assignor owns the right and can legally transfer it.

8
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Assignnors liabilty

still liabile, Unless released by the assignee or contract is completed.

9
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prohibited by contract(non assignable right)

If the contract says it can't be assigned.

10
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is incidental beneficiary a third party beneficiary

no, false

11
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assignor continuing liabilty

the assignor remains liable on the contract unless released or the contract is fully executed.

12
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non assingnable rights

Rights that cannot be transferred to another party.

13
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increased burden of performance(non assignable rights)

can’t assign a contract to someone else if it would make things harder or more expensive for the other party to do their part.

14
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personal services(non assignable rights)

Rights involving personal services cannot be assigned, like a contract for someone’s specific talent or skills.

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credit transaction(non assignable rights)

Rights related to credit, such as personal loans, cannot be assigned.

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