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In Law / College | 2025-07-05

In an assignment or delegation, the third parties' rights or duties arise after the contract is made. True or False

Asked by cewashington73

Answer (2)

The statement is True; third-party rights or duties arise only after a contract is formed through assignment or delegation. Assignment refers to transferring rights, while delegation involves transferring duties, with both affecting third parties post-contract formation. This principle aligns with contract law's doctrine of privity, where only parties involved in the contract hold initial rights and obligations.
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Answered by Anonymous | 2025-07-06

In the context of contracts, assignment and delegation are terms that describe different ways in which parties to a contract can transfer rights and duties to third parties.

Assignment : This occurs when one party (the assignor) transfers their rights under a contract to a third party (the assignee). Once the assignment is made, the third party steps into the shoes of the assignor and is entitled to the rights specified by the contract. Assignments usually do not require the consent of the obligor (the party against whom the rights are being assigned), unless the contract stipulates otherwise or involves personal rights such as those reliant on a personal skill or quality.

Delegation : This happens when one party (the delegator) transfers their duties under a contract to a third party (the delegatee). Even after delegation, the delegator remains liable for performance unless the obligee agrees to release them from this duty. Like with assignment, some duties may not be delegable if they involve personal skills or qualities.


Regarding the statement "the third parties' rights or duties arise after the contract is made," this is generally True . In both assignment and delegation, third parties obtain rights or become obligated only after a contract has been created and these responsibilities are passed on to them post-contract formation.
This process typically aims to facilitate convenience and flexibility in fulfilling contractual obligations without fundamentally altering the contract's original terms and promises. Nonetheless, it requires careful attention to the terms of the original contract to ensure that any assignment or delegation does not violate the contract terms or applicable laws.

Answered by SophiaElizab | 2025-07-07