Question Description
This is for California Courts
Joe agreed to build a custom motorcycle for Diane. The agreement includes a clause that "no assignment shall be valid without the consent of the other party." Diane asked for that clause, because she feels Joe is uniquely qualified to take care of the special type of customizing she wants.
Joe now wants to delegate or assign his obligation to build a custom made motorcycle to Bill. Joe wants to be relieved of the responsibility for the timing or the quality of the work. See the assigned text readings, index, and glossary to help you learn this terminology.
- Answer these questions. Explain your reasoning. Use and cite the text or other source for each answer.
a. Is Diane's consent likely to be needed to make an assignment valid?
b. Is Diane's consent likely to be needed to make a delegation valid?
c. Is assignment or delegation the better choice? - Draft an assignment or delegation that applies to the situation. Include a consent clause or consent form for Diane to sign, if you found that her consent is necessary. No special format is needed for this document, other than to number each clause and include a signature line for each party you think should sign.
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