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Study sets matching "term:assignments = rights can be assigned to other people, work can be delegated does not disturb forecability"

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Study sets matching "term:assignments = rights can be assigned to other people, work can be delegated does not disturb forecability"

15 terms
BUSL 2550 Chpt 16
Assignment of rights
Requirements of an assignment
Revocability of assignments
Partial Assignments
assignor, obligor, assignee
assignor must transfer all rights to obligor's performance, a…
if assignee gives consideration for the assignment, a contrac…
a transfer of a portion of contractual rights to one or more…
Assignment of rights
assignor, obligor, assignee
Requirements of an assignment
assignor must transfer all rights to obligor's performance, a…
23 terms
CONTRACTS: Assignments, Delegation & Nonmonetary Remedies
Assignment
Limitation on Assignment
Provision Prohibiting Assignment
Profision Invalidating of Assignment
Transfer of rights under a K. (1) K between only 2 parties; (…
If K provision regarding assignment: (a) Prohibits assignment…
Language of prohibition takes away right to assign but not po…
Invalidation takes away both right and power to assign so tha…
Assignment
Transfer of rights under a K. (1) K between only 2 parties; (…
Limitation on Assignment
If K provision regarding assignment: (a) Prohibits assignment…
20 terms
K - 3rd Party Problems & Assignments & Delegations
TP Beneficiary
Promisor
Promisee
Intended v. Incidental Beneficiaries
2 People Contracting to Benefit a 3P + Enforce their rights
Person who is making promise that benefits 3P
Person who obtains the promise that Benefits the 3P
Only Intended have rights... I 3P is mentioned in K Itself = Tr…
TP Beneficiary
2 People Contracting to Benefit a 3P + Enforce their rights
Promisor
Person who is making promise that benefits 3P
MGT Third Party Rights
Assignment
Delegation
Delegation cannot involve?
Giving notice is not necessary for val…
Transfer of Rights
Transfer of Duty under Contract
Personnel Service
True
Assignment
Transfer of Rights
Delegation
Transfer of Duty under Contract
33 terms
LSHP Ch 10
delegation
responsibility in relation to delegation
accountability in relation to delegation
delegation of authority
process by which responsibility and authority for performing…
denotes an obligation to accomplish a task, can be transferred
accepting ownership for the results or lack thereof, is shared
the right to act transferring authority the delegator empower…
delegation
process by which responsibility and authority for performing…
responsibility in relation to delegation
denotes an obligation to accomplish a task, can be transferred
20 terms
FIN 240 Ch. 17
A transfer of contract duties to a thi…
Banks may NOT assign their loan contra…
In an assignment, the party receiving…
An assignee has a right to demand perf…
False
False
True
True
A transfer of contract duties to a thi…
False
Banks may NOT assign their loan contra…
False
17 terms
FRL201 ch. 17
The Third Party Rule:
Two exceptions of third party
Assignment and Delegation: written or…
Assignment and delegation
Only parties to the contract (privity) can sue to enforce it.…
1. Assignment and Deleglation ... 2. Third Party Beneficiary Con…
Can be Oral
Rights are assigned and Duties are delegated
The Third Party Rule:
Only parties to the contract (privity) can sue to enforce it.…
Two exceptions of third party
1. Assignment and Deleglation ... 2. Third Party Beneficiary Con…
86 terms
Contract Law
3rd Party
3rd Party Beneficiary
Assignment and Delegation
Privity of Contract
Had no involvement in the original making of the contract but…
When 2 parties enter in a contract to benefit a 3rd party
One of the 2 parties of the contract may decide to transfer t…
When the two parties understand the contract and are in it
3rd Party
Had no involvement in the original making of the contract but…
3rd Party Beneficiary
When 2 parties enter in a contract to benefit a 3rd party
30 terms
CH 16
third party beneficiary
intended beneficiary
promisor
promisee
someone who was not a party to the contract but stands to ben…
someone who may enforce a contract if the parties intended he…
makes the promise that the third party seeks to enforce
-the contract party whom the promise is made
third party beneficiary
someone who was not a party to the contract but stands to ben…
intended beneficiary
someone who may enforce a contract if the parties intended he…
b law test 2 ch 17
F
F
T
T
T/F A transfer of contract duties to a third party is an assi…
T/F Banks may not assign their loan contracts to other firms.
T/F In an assignment, the party receiving the rights is the a…
T/F An assignee has a right to demand performance from the ob…
F
T/F A transfer of contract duties to a third party is an assi…
F
T/F Banks may not assign their loan contracts to other firms.
70 terms
B Law Ch 15
T/F Privity of contract establishes th…
T/F In an assignment, the party receiv…
T/F Banks may not assign their loan co…
T/F A transfer of contractual rights t…
T
T
F
T
T/F Privity of contract establishes th…
T
T/F In an assignment, the party receiv…
T
70 terms
B Law Ch 13
T/F Privity of contract establishes th…
T/F In an assignment, the party receiv…
T/F Banks may not assign their loan co…
T/F A transfer of contractual rights t…
T
T
F
T
T/F Privity of contract establishes th…
T
T/F In an assignment, the party receiv…
T
62 terms
ANA/ NCSBN Delegation
To delegate is to __ authority to a co…
To __ is to direct an individual to do…
__ __ __ __ determine what level of li…
__ are accountable for practicing with…
transfer
ASSIGN. Assignment (noun) describes the distribution of work…
State Nurse Practice Acts
LPNs
To delegate is to __ authority to a co…
transfer
To __ is to direct an individual to do…
ASSIGN. Assignment (noun) describes the distribution of work…
70 terms
B Law Ch 16
T/F Privity of contract establishes th…
T/F In an assignment, the party receiv…
T/F Banks may not assign their loan co…
T/F A transfer of contractual rights t…
T
T
F
T
T/F Privity of contract establishes th…
T
T/F In an assignment, the party receiv…
T
19 terms
Chapter 16 - Assignments
Assignment
Requirements of Assignment
Revocability of Assignment
Partial Assignment
- voluntary transfer of the rights arising from a contract to…
- must have intent... - doesn't need to have consideration (giv…
- if assignee does give consideration, assignor may not revok…
- transfer of a portion of contractual rights to one or more…
Assignment
- voluntary transfer of the rights arising from a contract to…
Requirements of Assignment
- must have intent... - doesn't need to have consideration (giv…
13 terms
FRL 201 Chapter 17
The Third Party Rights Rule:
Two exceptions of The Third Party Rule
Assignment and delegation
What are the rules of assignment
Only parties to the contract (privity) can sue to enforce it.…
Assignment and Delegation, or Third Party Beneficiary Contract.
Rights are assigned and Duties are delegated
assignee takes the assignment subject to any defenses that th…
The Third Party Rights Rule:
Only parties to the contract (privity) can sue to enforce it.…
Two exceptions of The Third Party Rule
Assignment and Delegation, or Third Party Beneficiary Contract.
11 terms
NSG412 - Delegation
Getting work done through others
Can a manager delegate TOTAL responsib…
Achieving performance of care outcomes…
Transfer of both accountability and re…
Delegation
No
Delegation definition from nursing perspective
Assignement
Getting work done through others
Delegation
Can a manager delegate TOTAL responsib…
No
Chapter 13 Third Party Rights and Discharge
Privity of contract (2)
What are the 4 exceptions to the rule…
Assignment
Characteristics of assignment (3)
1) the relationship that exists between the parties in a cont…
1) assignment... 2) delegation... 3) third party beneficiary contra…
the transfer of contract rights to a third party
1) in a bilateral contract, the two parties have correspondin…
Privity of contract (2)
1) the relationship that exists between the parties in a cont…
What are the 4 exceptions to the rule…
1) assignment... 2) delegation... 3) third party beneficiary contra…
9 terms
Chapter 17: Third Party Rights
privity of contract
exceptions to privity of contract
assignment or delegation
duties that cannot be delegated
ONLY original parties to a contract have rights and liabiliti…
assignment or delegation; third party beneficiary contract
two rules: 1. can't delegate unless the other party agrees... 2…
personal in nature (special trust)... when performance by third…
privity of contract
ONLY original parties to a contract have rights and liabiliti…
exceptions to privity of contract
assignment or delegation; third party beneficiary contract
105 terms
Test #1 Review
UCPs (unregulated care providers)
UCPs can be found
accountability
responsibility
paid care workers (i.e. PSW, health care aides, unit aides, h…
hospitals, long-term care (nursing homes and retirement centr…
critical thinking to determine if actions were/are appropriat…
reliability, dependability and obligation to accomplish work…
UCPs (unregulated care providers)
paid care workers (i.e. PSW, health care aides, unit aides, h…
UCPs can be found
hospitals, long-term care (nursing homes and retirement centr…
41 terms
Swaggy P- 3rd party rights
A transfer of contract rights to a thi…
Privity of contract refers to the fact…
The person to whom rights in a contrac…
An assignee can compel the obligor to…
f
t
t
t
A transfer of contract rights to a thi…
f
Privity of contract refers to the fact…
t
190 terms
N419 Test 2 Delegation
delegation
delegation
delegation
delegation
The process by which responsibility and authority are transfe…
Delegating elements of care is not "Extra Work" but part of t…
transferring responsibility and authority
people think _________ is extra work, and it is not
delegation
The process by which responsibility and authority are transfe…
delegation
Delegating elements of care is not "Extra Work" but part of t…
31 terms
Contracts -Third Parties
Third Parties
third-party beneficiaries
ID'ing the parties in a third party be…
third-party beneficiaries vocabulary
Third-Party beneficiaries... Assignments... Delegations
1) identify a problem as a third party problem... 2) use the pro…
look for two parties contracting with the common intent of a…
1) Third party beneficiary... 2) Promisor... 3) Promisee... 4) Intende…
Third Parties
Third-Party beneficiaries... Assignments... Delegations
third-party beneficiaries
1) identify a problem as a third party problem... 2) use the pro…
40 terms
business law chapter 16
an assignment is effective from the mo…
a party may make either an assignment…
most, but not all, contract right are…
if casey assigns her rights to receive…
true
false
true
true
an assignment is effective from the mo…
true
a party may make either an assignment…
false
21 terms
Kx II - Third Party Beneficiaries/Assignment and Delegation
Third Party Beneficiaries
Third Party Beneficiaries - Promisor d…
Third Party Beneficiaries - Promisee d…
Third Party Beneficiaries - Third Part…
Contracts for the benefit of a third party. Third party can b…
the party to the contract that's making the promise which ben…
the party who receives the promise which benefits the 3rd par…
a party who directly and expressly benefits from a contract b…
Third Party Beneficiaries
Contracts for the benefit of a third party. Third party can b…
Third Party Beneficiaries - Promisor d…
the party to the contract that's making the promise which ben…
29 terms
Chapter 8: Third party rights
types of third parties
asignment
restatement and assignment
flow of assignment
1) assignes. (get rights post contract formation.).... 2) delega…
makes an obligee transfer a right meant or owed to the obligo…
assignor's intention to transfer it by virtue of the performa…
obligor (has a duty) to obligee (who transfers it) to the ass…
types of third parties
1) assignes. (get rights post contract formation.).... 2) delega…
asignment
makes an obligee transfer a right meant or owed to the obligo…
27 terms
Other parties that can sue for Breach of K
Define Assignments
2 steps to Assignments
Obligor v. Obligee (Assignment)
Assignor v. Assignee
An assignment of contract occurs when one party to an existin…
1. Original K which creates rights and duties between the obl…
Obligor: Original party to the contract who has not assigned…
Assignor: An original party to a contract who transfers their…
Define Assignments
An assignment of contract occurs when one party to an existin…
2 steps to Assignments
1. Original K which creates rights and duties between the obl…
271 terms
Blaw chapter 13, Blaw Chapter 12, Blaw chapter 11
voluntary consent
mistakes
mistake of fact
unilateral mistake
If there is a mistake, misrepresentation, undue influence, or…
mistakes of fact, mistakes of value or quality ... only a mista…
voidable. Unilateral and bilateral.
made by only one of the parties, contract is usually enforcea…
voluntary consent
If there is a mistake, misrepresentation, undue influence, or…
mistakes
mistakes of fact, mistakes of value or quality ... only a mista…
88 terms
Blaw chapter 13
voluntary consent
mistakes
mistake of fact
unilateral mistake
If there is a mistake, misrepresentation, undue influence, or…
mistakes of fact, mistakes of value or quality ... only a mista…
voidable. Unilateral and bilateral.
made by only one of the parties, contract is usually enforcea…
voluntary consent
If there is a mistake, misrepresentation, undue influence, or…
mistakes
mistakes of fact, mistakes of value or quality ... only a mista…
94 terms
BLAW 3201 Ch 16
After an assignment, only the ________…
The person who makes an assignment is…
T/F: A gratuitous assignment is always…
T/F: Consideration is required in orde…
assignee
assignor
F (effective upon delivery; only revocable upon event of deat…
F
After an assignment, only the ________…
assignee
The person who makes an assignment is…
assignor
22 terms
Third Parties
Third Party Beneficiary
Promisor
Promisee
Contract Rights: Intended Beneficiary
A person who is not a party to the contract, but can enforce…
A person who is making the promise that benefits the third pa…
A person who obtains the promise that benefits the third pary
A person for whom the contract intended to be a third party b…
Third Party Beneficiary
A person who is not a party to the contract, but can enforce…
Promisor
A person who is making the promise that benefits the third pa…
27 terms
N487 EXAM 2 Deligation
Definition of Delegation
Decision Making in Delegation
Delegator
Delegatee
Strategy for successful direction and function of the healthc…
All decisions related to delegation of nursing tasks must be…
The person making the delegation
the person receiving the delegation
Definition of Delegation
Strategy for successful direction and function of the healthc…
Decision Making in Delegation
All decisions related to delegation of nursing tasks must be…
21 terms
coordination of care.
general information: the judgments tha…
definition: assignment: the distributi…
assignment of task to the proper perso…
unlicensed assistive personnel: any un…
you must now your core content, and then you can move on to c…
you can't do everything that the client needs by yourself you…
you will be a better ado vacate for your client f you remembe…
UAP's can perform tasks on stable clients in uncomplicated si…
general information: the judgments tha…
you must now your core content, and then you can move on to c…
definition: assignment: the distributi…
you can't do everything that the client needs by yourself you…
40 terms
BLAW TEST 3 pt 1
3rd Party Beneficiaries
Promisor
Promisee
3rd Party must show
may enforce if contract intended to benefit both original par…
makes promise that 3rd party seeks to enforce
other person in contract that promise is made to
1. Ppl in contract knew they would benefit... 2. wanted to satis…
3rd Party Beneficiaries
may enforce if contract intended to benefit both original par…
Promisor
makes promise that 3rd party seeks to enforce
17 terms
Laws Chapter 17 Third Party Rights
Assignment
Delegation
Rights that cannot be assigned
Alienation
The transfer of contractual rights to at third party is known…
is the transfer of contractual duties to a 3rd party
1. assignment is prohibited by statue 2. contract is personal…
is the capacity for a piece of property or a property right t…
Assignment
The transfer of contractual rights to at third party is known…
Delegation
is the transfer of contractual duties to a 3rd party
16 terms
Assignment
Assignment Exceptions in UCC 2-210
Not enforceable
Assignment
Delegation
(1) A right which materially changes the obligor's duty; or (…
A right expected to assign under a not yet existing contract is
The transferring of a benefit from one party to a third party
The transferring of a duty from one party to a third party
Assignment Exceptions in UCC 2-210
(1) A right which materially changes the obligor's duty; or (…
Not enforceable
A right expected to assign under a not yet existing contract is
15 terms
ch 18- 3rd person & Ks
intended beneficiary
third party beneficiary
rights of 3PB
creditor beneficiary
K intended to benefit a third party and may sue or enforce
not a party to K but specifically and clearly intended to ben…
can sue and enforce benefit of K, and bounded to the time and…
intended beneficiary when the promisee's primary intent is to…
intended beneficiary
K intended to benefit a third party and may sue or enforce
third party beneficiary
not a party to K but specifically and clearly intended to ben…
31 terms
Working with Unregulated Care Providers
UCPs (unregulated care providers)
UCPs can be found
accountability
responsibility
paid care workers (i.e. PSW, health care aides, unit aides, h…
hospitals, long-term care (nursing homes and retirement centr…
critical thinking to determine if actions were/are appropriat…
reliability, dependability and obligation to accomplish work…
UCPs (unregulated care providers)
paid care workers (i.e. PSW, health care aides, unit aides, h…
UCPs can be found
hospitals, long-term care (nursing homes and retirement centr…
26 terms
Third Party Problems
Third-Party Beneficiary
Promisor
Promisee
Intended/incidental
Definition: Not a party to the contract. Able to enforce cont…
Look for person who is making the promise that benefits the 3…
Look for person who obtains the promise that benefits the thi…
Only intended beneficiaries (named in K for MBE) have contrac…
Third-Party Beneficiary
Definition: Not a party to the contract. Able to enforce cont…
Promisor
Look for person who is making the promise that benefits the 3…
56 terms
Business Law ch. 17
someone who is not a direct party to a…
Does a third party normally have right…
What are 2 exceptions to the rule: "on…
In a bilateral contract, one party has…
third party
no
1. Assignment or Delegation... 2. Third Party Beneficiary Contract
right, duty
someone who is not a direct party to a…
third party
Does a third party normally have right…
no
26 terms
Written contracts / Contract assignment and delegation
3 things about contracts in writing
5 types of k's must be in writing or i…
Sale of land or interest therein
Impossible to perform within 1 year
1. Statute of frauds only applies to a few types of k's (1. I…
1. Sale of land or interest in land (real property) 2. Imposs…
Very important subject matter; sales k's oil and gas leases
Oral leases are just as enforceable as written leases if 1. L…
3 things about contracts in writing
1. Statute of frauds only applies to a few types of k's (1. I…
5 types of k's must be in writing or i…
1. Sale of land or interest in land (real property) 2. Imposs…
38 terms
Business Law FINAL Ch 16
T/F: A valid delegation of duties does…
T/F: Courts normally construe "assignm…
T/F: All assignments of an interest in…
T/F: The assignee's rights are subject…
T
T
F
T
T/F: A valid delegation of duties does…
T
T/F: Courts normally construe "assignm…
T
23 terms
BSL Quiz 16 17
Assignment
Obligor
Obligee
Assignor
Transfer of a contractual right
Obliged to perform a duty
Party to whom the duty is owed (right to receive the obligors…
Party who transfers their right (obligee becomes assignor)
Assignment
Transfer of a contractual right
Obligor
Obliged to perform a duty
69 terms
Chapter 17 - Third Party Rights
What is Privity of Contracts?
What's a privy?
Under the rights of privity of contrac…
In a bilateral contract, two parties h…
means a relationship between or amoung individuals reflecting…
Participant in the transaction.
ONLY the original party does.
Right... Duty
What is Privity of Contracts?
means a relationship between or amoung individuals reflecting…
What's a privy?
Participant in the transaction.
21 terms
ch19 third-party rights
assignments and delagations
both parties to a contract are both
assignments
LEGAL PRINCIPLE: assignments
assignments- transfer of rights... delegations- transfer of duties
1-obligors (agreed to do something for the other party)... 2-obl…
occurs when a party to a contract--an assignor--transfers his…
a person who transfer his or her rights under a third party i…
assignments and delagations
assignments- transfer of rights... delegations- transfer of duties
both parties to a contract are both
1-obligors (agreed to do something for the other party)... 2-obl…
31 terms
test 2 ch. 15
privity of contract
personal service contract
assignment of a future right
assignment alters the risk
the state of the two parties in the contract
CANNOT assign actors singers
CANNOT assign heirs inheritance
CANNOT assign auto insurance
privity of contract
the state of the two parties in the contract
personal service contract
CANNOT assign actors singers
41 terms
Blaw Chapter 16
Define Assignor
Define Assignee
Define Obligor
Define Obligee
one who assigns a right
one to whom a right is assigned
one who owes an obligation
one to whom an obligation is owed
Define Assignor
one who assigns a right
Define Assignee
one to whom a right is assigned
78 terms
Additional Parties
Additional Parties... Define Assignment.
A right is not assignable if the assig…
Define Third-Party Beneficiary Contract:
A delegation does not relieve the dele…
As assignment is a transfer of a right to receive a performan…
materially alter the risks to or obligations of the other par…
A third-party beneficiary contract results when two parties e…
his obligations under the contract.
Additional Parties... Define Assignment.
As assignment is a transfer of a right to receive a performan…
A right is not assignable if the assig…
materially alter the risks to or obligations of the other par…
36 terms
Leadership chapter 8: Delegation
A way to expand your available talent…
DELEGATION... The transfer to a competent…
The nurse retains ________ for the del…
-All delegation involves at least two…
DELEGATION
nursing
accountability
professional goals
A way to expand your available talent…
DELEGATION
DELEGATION... The transfer to a competent…
nursing
45 terms
Legal 1 Final Chapter 13
Assignor
Assignee
Obligor
Obligee
an oblige who transfers a right
a party to whom a right has been transformed
a party who owes a duty of performance under a contract
a party who is owed a right under a contract
Assignor
an oblige who transfers a right
Assignee
a party to whom a right has been transformed
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