Premium Essay

Andy Owes Bill a Debt.

In: Business and Management

Submitted By Amritroy2003
Words 495
Pages 2
Business Law
Written Assignment 3
Case Study 1
Parks, a 7-foot, 265-pound center for the San Diego Slick, objected when his contract was assigned from the ABC Corporation to the XYZ Corporation, the team’s new owner. The change of owners did not cause a change in the composition of the team although a new coach was hired. Parks’s compensation and his responsibilities remained the same. Was this contract assignable?
Facts of the Case: 1) Parks contract was assigned from the ABC Corporation to XYZ Corporation. 2) Parks compensation and his responsibilities remained the same.
Issues:
1) The reason why we are in court today is to identify if Park’s contract was assignable.
Rules of the Law: 1) Personal Service Contract – The parties agree that a personal service contract may be assigned. This allows the trade of an athlete from one team to another team.

2) Notice of Assignment – Assignee is under a duty to notify the obligor that the assignment has been made and performance must be rendered to the assignee.

3) Anti-Assignment Clause – Prohibits the assignment of rights under the contract.

4) Approval Clause – requires that the obligor approves any assignment of contract.

Analysis & Conclusion:
Since we do not have all the facts we can assume the following: 1) Parks contract did include the Personal service contract. 2) Notice of assignment was made by XYZ Corporation. 3) Parks contract did NOT include Anti-Assignment Clause. 4) Parks contract did NOT Include Apporval Clause.
If we consider the following above true, than Park’s Contract was assignable, since there was no clause that prohibited the assignment of contract.

Case Study 2
Andy owes Bill a debt. Bill assigns the debt to Carl for $200, but Carl fails to give notice of the assignment to Andy. Andy pays the debt to Bill.
Facts of the...

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