If Assignment is prohibited by contract, what is the effect?

Prepare for the Bar Exam with innovative mnemonics quizzes. Study with flashcards and multiple-choice questions, including detailed hints and explanations. Master your knowledge and ace your Bar Exam!

Multiple Choice

If Assignment is prohibited by contract, what is the effect?

Explanation:
Prohibiting assignment blocks the transfer of the right to receive payment. When a contract says you cannot assign a right, an attempted assignment does not take effect, so the right to payment stays with the original creditor. The obligor’s duty remains to pay the party who originally held the right, not the assignee. If the assignment were allowed, the assignee could demand performance, but with the prohibition in place, the transfer is ineffective and has no enforceable effect against the obligor. In short, the assignment doesn’t create new rights for the recipient, and the original creditor remains the one entitled to payment.

Prohibiting assignment blocks the transfer of the right to receive payment. When a contract says you cannot assign a right, an attempted assignment does not take effect, so the right to payment stays with the original creditor. The obligor’s duty remains to pay the party who originally held the right, not the assignee. If the assignment were allowed, the assignee could demand performance, but with the prohibition in place, the transfer is ineffective and has no enforceable effect against the obligor. In short, the assignment doesn’t create new rights for the recipient, and the original creditor remains the one entitled to payment.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy