Name: 第九章 (Chapter 9)
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>> Chapter 9, we're going to look at contract performance,

情態副詞

Typically, only the original parties to a contract

have the rights and liabilities under that contract.

There are some exceptions that we talk about in this chapter.

Assignment is a transfer of contractual rights.

Later, we'll talk about delegation being a transfer

the assignor is the one who makes the assignment.

The assignee is the one the right is assigned to.

An obligee is somebody who is owed a duty or obligation.

And the obligor is the one who owes that duty or obligation.

So an assignee can assign rights or things

they're gonna receive in a contract to some third party,

and those rights then pass to that third party--

the assignee-- who has a right to demand performance

from the original party to the contract--

Assignment is prohibited when there's a law against it,

when it would materially change the rights or duties

or when it will significantly change the risk or duties

Once an assignment is made, the assignee should notify

but it's in the assignee's best interest.

One of the issues that comes up is if notice isn't given,

What if the assignor assigns the same rights

The obligor can discharge his obligation by performing

As we mentioned, delegation is contractual duties delegated

Delegator is the one making the delegation.

Delegatee is the one the delegation is made to.

The effect is that the delegation is enforceable.

from the delegatee to whom the delegate--

However, the valid delegation doesn't relieve the delegator

In other words, if you contract with somebody

and you delegate those duties to someone else,

you're still responsible for ensuring they get done.

Duties that can't be delegated-- if performance depends

on the personal skills or talents of the obligor,

some special trust relationship in the obligor,

a third party performance will materially vary

and when a contract expressly prohibits delegation.

when the original parties to the contract

who is not a party to the contract at the time

when a third party demonstrates express consent

when a third party materially alters his or her position

or when the conditions for vesting are satisfied.

For example, in a life insurance policy, once somebody dies,

then a third party beneficiary's rights would vest.

a creditor beneficiary is somebody who benefits

to pay a debt the promisee owes to a third party.

A donee beneficiary is when a contract is made

for the express purpose of the promisor giving a gift

A donee can sue the promisor directly if the promisor

can bring an action to enforce the contract.

An incidental beneficiary is somebody who is not intended

and they can't sue to enforce the contract.

There are different ways a contract can be discharged.

It could be by condition, by performance,

by agreement of the parties in operation of law.

A condition would be a possible future event--

of which would trigger performance of legal obligation

In other words, it's a condition that would cause somebody

to have an obligation to continue in a contract

or would cause them to be able to avoid a contract.

And condition precedents-- subsequent and concurrent--

just has to do with the timing of that condition.

So sometimes, there's a condition that precedes

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第九章 (Chapter 9)

specific

material

situation

demonstrate