§ 6A-2-210 Delegation of performance– Assignment of rights. – (1) A party may perform his or her duty through a delegate unless otherwiseagreed or unless the other party has a substantial interest in having his orher original promisor perform or control the acts required by the contract. Nodelegation of performance relieves the party delegating of any duty to performor any liability for breach.
(2) Except as otherwise provided in § 6A-9-406, unlessotherwise agreed, all rights of either seller or buyer can be assigned exceptwhere the assignment would materially change the duty of the other party, orincrease materially the burden or risk imposed on him or her by his or hercontract, or impair materially his or her chance of obtaining returnperformance. A right to damages for breach of the whole contract or a rightarising out of the assignor's due performance of his or her entire obligationcan be assigned despite agreement otherwise.
(3) The creation, attachment, perfection, or enforcement of asecurity interest in the seller's interest under a contract is not a transferthat materially changes the duty of or increases materially the burden or riskimposed on the buyer or impairs materially the buyer's chance of obtainingreturn performance within the purview of subsection (2) unless, and then onlyto the extent that, enforcement actually results in a delegation of materialperformance of the seller. Even in that event, the creation, attachment,perfection, and enforcement of the security interest remain effective, but (i)the seller is liable to the buyer for damages caused by the delegation to theextent that the damages could not reasonably be prevented by the buyer, and(ii) a court having jurisdiction may grant other appropriate relief, includingcancellation of the contract for sale or an injunction against enforcement ofthe security interest or consummation of the enforcement.
(4) An assignment of "the contract" or of "all my rightsunder the contract" or an assignment in similar general terms is an assignmentof rights and unless the language or the circumstances (as in an assignment forsecurity) indicate the contrary, it is a delegation of performance of theduties of the assignor and its acceptance by the assignee constitutes a promiseby him or her to perform those duties. This promise is enforceable by eitherthe assignor or the other party to the original contract.
(5) The other party may treat any assignment which delegatesperformance as creating reasonable grounds for insecurity and may withoutprejudice to his or her rights against the assignor demand assurances from theassignee (§ 6A-2-609).
§ 6A-2-210 Delegation of performance– Assignment of rights. – (1) A party may perform his or her duty through a delegate unless otherwiseagreed or unless the other party has a substantial interest in having his orher original promisor perform or control the acts required by the contract. Nodelegation of performance relieves the party delegating of any duty to performor any liability for breach.
(2) Except as otherwise provided in § 6A-9-406, unlessotherwise agreed, all rights of either seller or buyer can be assigned exceptwhere the assignment would materially change the duty of the other party, orincrease materially the burden or risk imposed on him or her by his or hercontract, or impair materially his or her chance of obtaining returnperformance. A right to damages for breach of the whole contract or a rightarising out of the assignor's due performance of his or her entire obligationcan be assigned despite agreement otherwise.
(3) The creation, attachment, perfection, or enforcement of asecurity interest in the seller's interest under a contract is not a transferthat materially changes the duty of or increases materially the burden or riskimposed on the buyer or impairs materially the buyer's chance of obtainingreturn performance within the purview of subsection (2) unless, and then onlyto the extent that, enforcement actually results in a delegation of materialperformance of the seller. Even in that event, the creation, attachment,perfection, and enforcement of the security interest remain effective, but (i)the seller is liable to the buyer for damages caused by the delegation to theextent that the damages could not reasonably be prevented by the buyer, and(ii) a court having jurisdiction may grant other appropriate relief, includingcancellation of the contract for sale or an injunction against enforcement ofthe security interest or consummation of the enforcement.
(4) An assignment of "the contract" or of "all my rightsunder the contract" or an assignment in similar general terms is an assignmentof rights and unless the language or the circumstances (as in an assignment forsecurity) indicate the contrary, it is a delegation of performance of theduties of the assignor and its acceptance by the assignee constitutes a promiseby him or her to perform those duties. This promise is enforceable by eitherthe assignor or the other party to the original contract.
(5) The other party may treat any assignment which delegatesperformance as creating reasonable grounds for insecurity and may withoutprejudice to his or her rights against the assignor demand assurances from theassignee (§ 6A-2-609).
§ 6A-2-210 Delegation of performance– Assignment of rights. – (1) A party may perform his or her duty through a delegate unless otherwiseagreed or unless the other party has a substantial interest in having his orher original promisor perform or control the acts required by the contract. Nodelegation of performance relieves the party delegating of any duty to performor any liability for breach.
(2) Except as otherwise provided in § 6A-9-406, unlessotherwise agreed, all rights of either seller or buyer can be assigned exceptwhere the assignment would materially change the duty of the other party, orincrease materially the burden or risk imposed on him or her by his or hercontract, or impair materially his or her chance of obtaining returnperformance. A right to damages for breach of the whole contract or a rightarising out of the assignor's due performance of his or her entire obligationcan be assigned despite agreement otherwise.
(3) The creation, attachment, perfection, or enforcement of asecurity interest in the seller's interest under a contract is not a transferthat materially changes the duty of or increases materially the burden or riskimposed on the buyer or impairs materially the buyer's chance of obtainingreturn performance within the purview of subsection (2) unless, and then onlyto the extent that, enforcement actually results in a delegation of materialperformance of the seller. Even in that event, the creation, attachment,perfection, and enforcement of the security interest remain effective, but (i)the seller is liable to the buyer for damages caused by the delegation to theextent that the damages could not reasonably be prevented by the buyer, and(ii) a court having jurisdiction may grant other appropriate relief, includingcancellation of the contract for sale or an injunction against enforcement ofthe security interest or consummation of the enforcement.
(4) An assignment of "the contract" or of "all my rightsunder the contract" or an assignment in similar general terms is an assignmentof rights and unless the language or the circumstances (as in an assignment forsecurity) indicate the contrary, it is a delegation of performance of theduties of the assignor and its acceptance by the assignee constitutes a promiseby him or her to perform those duties. This promise is enforceable by eitherthe assignor or the other party to the original contract.
(5) The other party may treat any assignment which delegatesperformance as creating reasonable grounds for insecurity and may withoutprejudice to his or her rights against the assignor demand assurances from theassignee (§ 6A-2-609).
