What rights does an assignee obtain?

Study for the Themis Contracts Exam. Practice with comprehensive quizzes with flashcards and multiple choice questions, each question comes with detailed explanations. Be fully prepared for your exam!

Multiple Choice

What rights does an assignee obtain?

Explanation:
When rights are assigned in a contract, the person receiving the assignment takes all the rights the original party had under the contract as they exist at the time of the assignment. They can sue for performance or collect payments just like the assignor could. At the same time, those rights are subject to any defenses or setoffs the obligor could have used against the assignor. So the assignee steps into the shoes of the original party and cannot enforce rights free of the same defenses, nor gain new rights created by the act of assignment. This is why the correct choice reflects taking the contract rights as they stood, with defenses against the assignor still available.

When rights are assigned in a contract, the person receiving the assignment takes all the rights the original party had under the contract as they exist at the time of the assignment. They can sue for performance or collect payments just like the assignor could. At the same time, those rights are subject to any defenses or setoffs the obligor could have used against the assignor. So the assignee steps into the shoes of the original party and cannot enforce rights free of the same defenses, nor gain new rights created by the act of assignment. This is why the correct choice reflects taking the contract rights as they stood, with defenses against the assignor still available.

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