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Delegation of duties pursuant to contract is more limited.The following contracts are not capable of delegation: Material Changes of Responsibility – A contract that materially alters the obligor’s duties under the agreement is not transferable.
A novation is a new contract between individuals that replaces a party to the contract or obligations or rights under the agreement.
Written Assignment – If a later assignee receives a written assignment capable of transfer that is not in writing, she will have rights superior to those of an earlier assignee.
Particularly, an assignment that greatly increases a party’s delivery requirements cannot be assigned.
Doing so may detriment the obligor who has to meet a new (and possibly more taxing) delivery schedule.
Assignment is the transfer by one party of her right to receive performance from the other party to the contract.
Delegation is the transfer by one party of her duties to perform under a contract.
Some jurisdictions allow that the first assignee of a contract who gives notice to the obligor has priority over other assignees.
Other jurisdictions follow the rule that the first assignee to receive assignment of a contract has priority to performance by the obligor.
Cleo later verbally assigns her rights to receive payment to Steve.
Austin complains to Cleo about her subsequent assignment.