Unit 7 - Assignment and Third Party Rights

Unit 7, International Legal English Exercises and Flashcards

These exercises focus on Unit 7, International Legal English

Wordlist for Unit 7, International Legal English

Word	Definition	Example
confer rights	To grant or bestow legal entitlements or privileges upon an individual or entity	The contract was designed to confer specific rights upon the employees, including health benefits and paid time off
impose duties	To place legal obligations or responsibilities on an individual or entity	The regulatory authority can impose duties on companies to ensure environmental compliance
privity of contract	The legal relationship that exists only between the parties who entered into a contract	Privity of contract means that only the parties involved in the agreement can enforce its terms
contractual rights and duties	The specific entitlements and obligations established by a legally binding agreement or contract	The contract clearly outlines the contractual rights and duties of both parties in this business partnership
third-party beneficiary	An individual or entity who is not a party to a contract but benefits from it and has legal rights under it	Jane is a third-party beneficiary of the insurance policy, which means she can claim benefits if the insured party is harmed
vested	Having a legally protected or established right or interest	The vested interest in the property passed to the heirs upon the owner's death
intent	The state of mind or purpose behind an action, often relevant in legal contexts	Intent to defraud creditors was a key element in the court's decision to nullify the transaction
enforceable right	A legally recognized entitlement that can be upheld and enforced through legal remedies	The court determined that the plaintiff had an enforceable right to the property based on the contract
promisee	The party in a contract who receives a promise from the promisor	The promisee is entitled to the performance of the agreed-upon obligations stated in the contract
promisor	The party in a contract who makes a promise to the promisee	The promisor in this contract is responsible for delivering the goods as specified in the agreement
intended beneficiary	A third party explicitly identified in a contract who is intended to benefit from it	The charity was named as the intended beneficiary in the deceased person's will, ensuring it received a portion of the estate
incidental beneficiary	A third party not explicitly named in a contract but who may indirectly benefit from it	Sarah was merely an incidental beneficiary in the contract, and her rights were limited compared to the primary parties
obligee	The party entitled to receive performance or fulfillment of an obligation in a contract	The obligee has the legal right to demand that the obligor fulfill their obligations under the contract
obligor	The party obligated to perform or fulfill an obligation in a contract	The obligor failed to meet their payment obligations under the contract, leading to legal consequences
assignor	The party who transfers or assigns their rights or obligations under a contract to another party	The assignor transferred their rights to the contract to a third party as part of the assignment agreement
assignee	The party to whom rights or obligations under a contract are transferred or assigned	The assignee is now entitled to the benefits and responsibilities specified in the assigned contract
delegator	The party who delegates or transfers their duties or responsibilities under a contract to another party	The delegator appointed a trusted individual as a delegate to represent their interests in the business negotiations
delegate	The party to whom duties or responsibilities under a contract are delegated or transferred	The delegate effectively represented the delegator's interests during the merger discussions
assignment of a contract	The transfer of rights or duties under a contract from one party to another	The assignment of the contract allowed a new party to step into the shoes of the original contracting party
discharge ones duties	To fulfill or complete one's obligations or responsibilities as specified in a contract	The employee diligently worked to discharge their duties as outlined in their employment contract
release someone from ones obligations	To relieve or exempt someone from their legal duties or responsibilities	The settlement agreement will release the defendant from any further obligations related to the dispute
novation	The substitution of a new contract or party for an existing one, with the consent of all involved parties	The novation of the contract occurred when all parties agreed to substitute a new party for one of the original parties
legal incapacity	The condition of lacking the legal ability or capacity to engage in certain actions or make decisions	The court found that the defendant was under legal incapacity at the time they entered into the contract
to exercise a right	To utilize or act upon a legal entitlement or privilege	The tenant has the right to exercise their option to renew the lease for an additional year
to serve a written notice	To deliver an official written communication or notification	The landlord must serve a written notice to the tenant at least 30 days before terminating the lease agreement
receipt of notice	The acknowledgment or reception of a notice or communication by the intended recipient	The receipt of notice by the plaintiff confirmed that they were aware of the upcoming court proceedings
to withhold consent	To refuse or decline to give permission or approval	The minority shareholder can withhold consent to certain major corporate decisions as specified in the agreement
to elect not to exercise a right	To choose not to utilize or act upon a legal entitlement or privilege	The tenant has the option to elect not to exercise their right to purchase the property at the end of the lease
to change materially	To undergo significant or substantial alterations or modifications	The change in circumstances materially impacted the terms of the contract, requiring renegotiation
finish drafting	To complete the process of writing or composing a legal document or contract	The legal team worked tirelessly to finish drafting the complex merger agreement before the deadline
breach of contract	Violation or non-performance of the terms and obligations specified in a contract	The breach of contract lawsuit alleged that the supplier failed to deliver the agreed-upon goods on time
arbitrary considerations	Decisions or actions based on personal whim or random choice, often without reasonable justification	The court determined that the decision had been made based on arbitrary considerations, rather than established rules
credibility of witnesses	The believability or reliability of individuals providing testimony or evidence in a legal proceeding	The credibility of the witnesses was called into question during cross-examination, affecting their testimony's weight
predicated on a dispute	Based on a disagreement or conflict that forms the basis for legal action or resolution	The lawsuit was predicated on a longstanding dispute over ownership rights to the intellectual property
defendant asserts	The defendant claims or asserts a particular argument or position in response to legal allegations	The defendant asserts that they were not properly served with the lawsuit and requests a dismissal
attempt is unavailing	An effort or action is unsuccessful or ineffective in achieving its intended goal	The attempt to challenge the validity of the contract proved unavailing in court, as the contract was upheld
to give weight to evidence	To consider evidence as having importance or significance in legal proceedings	The court will give weight to evidence that is deemed credible and relevant to the case
to draw inferences of fact from evidence	To make conclusions or judgments about facts based on available evidence	The jury is responsible for drawing inferences of fact from the evidence presented during the trial
the evidence supports a determination	The available evidence provides justification or support for a particular legal decision or finding	The evidence supports a determination that the defendant acted negligently, leading to the plaintiff's injury
enact	To officially establish or pass a law or regulation through a legislative process	The legislature will need to enact new regulations to address the changing landscape of online privacy
construction	The interpretation and understanding of the meaning and intent of legal documents or statutes	The court's construction of the contract language favored the interpretation put forth by the plaintiff

Illustration of Unit 7 - Assignment and Third Party Rights

FAQ

What is the significance of third-party rights in contracts?

Third-party rights allow individuals or entities who are not parties to the original contract to gain enforceable benefits. Understanding how these rights are granted, such as through intended beneficiary status, clarifies their role in contract law.

How does privity of contract affect third-party beneficiaries?

Privity of contract typically prevents third parties from enforcing contract terms. However, exceptions exist for intended beneficiaries, who are specifically named or implied to benefit from the contract.

What is the difference between an assignor and an assignee?

An assignor is the party transferring their rights under a contract, while the assignee is the party receiving those rights. Understanding this distinction is crucial when analyzing the assignment of contracts.

What is a novation, and when is it used?

A novation is a legal mechanism where an original contract is replaced with a new one, releasing one party from their obligations and adding another in their place. It is used when all parties agree to substitute the original obligor or terms.

What does it mean to "withhold consent" in a contract?

To withhold consent means to refuse permission for a proposed action or agreement. Many contracts require consent for assignments or modifications, so withholding it can prevent those changes.

What happens when a contract imposes duties?

When duties are imposed, one party is legally required to perform specific obligations, such as delivering goods or services. Failure to meet these duties can lead to a breach of contract.

What is the purpose of serving written notice in contracts?

Serving written notice ensures formal communication of important information, such as the assignment of a contract or changes in obligations. This creates a clear record to avoid misunderstandings.

How can evidence influence contract disputes?

Evidence is critical in resolving contract disputes as it helps courts determine facts, assess credibility, and make rulings based on legal and contractual obligations.

What does "legal incapacity" mean in contract law?

Legal incapacity refers to an individual’s inability to enter into a valid contract due to factors such as age, mental state, or intoxication. Such incapacity can render contracts void or voidable.

How does one exercise a right under a contract?

Exercising a right involves taking action to claim or enforce a benefit explicitly granted in a contract, such as demanding performance or payment.