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Exam #2 - Chapter 19
Third-party rights to contracts
12
Accounting
Undergraduate 3
10/09/2012

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Term
Obligors
Definition
contractual parties who agreed to do something for the other party
Term
Obligees
Definition
contractual parties who agreed to receive something from the other party
Term
Assignment
Definition
occurs when a party transfers her rights to receive something under the contract to a third party
Term
Assignee's obligations
Definition
• Fills in for the assignor as the legal recipient of the contractual duties, and thereby acquires the same rights
• Assignee must agree to accept the assigned rights
Term
Rights which cannot be accepted for assignment
Definition
• Rights that are personal in nature
• Rights whose assignment would increase the obligor’s risk or duties
• Rights whose assignment is prohibited by contract
• Rights whose assignment is prohibited by law or public policy
Term
English rule
Definition
first assignee to give notice of assignment to the obligor is the party with rights to the contract
Term
First-assignment-in-time-rule
Definition
gives contractual rights to the first party granted in the assignment
Term
Delegation
Definition
Occurs when a party (delegator) transfers her duty to perform to a third party (delagatee) who is not part of the original contract
Term
Third-party beneficiary
Definition
when two parties enter a contract with the purpose of benefiting a third party
Term
Creditor beneficiary
Definition
Third party that benefits from a contract in which the promisor agrees to pay the promisee’s debt

(strongest legal position for a beneficiary)
Term
Donee beneficiary
Definition
Third party who benefit from a contract in which a promisor agrees to give a gift to the third party

(second-strongest beneficiary, legally)
Term
Vest
Definition
maturation of rights so that one can legally act on them
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