合同与履行第 839 / 1605 题
A written subcontract requires the general contractor's prior written approval before the subcontractor may assign the subcontract. The subcontractor assigns it anyway with no approval. The assignment is most likely:
a.Ineffective or a breach because the contract expressly restricted assignment
b.Binding on the owner regardless of the clause
c.Automatically converted into a novation
d.Fully valid because assignments are always allowed
解析
Parties may contractually restrict or condition the right to assign. When a subcontract expressly requires prior written approval for assignment, an assignment made without that approval violates the clause and is generally ineffective or constitutes a breach. Assignments are not always freely allowed when the contract says otherwise. Ignoring the clause does not create a novation, which needs everyone's consent, and cannot bind the owner in disregard of the agreed restriction.
免费刷完整 1605 道题库 — 无需注册。
同考点相关题目
- A general contractor delegates the plumbing work to a licensed plumbing subcontractor. With respect to the owner, the general contractor generally remains:
- Which type of contractual duty is generally NOT delegable to another party without the other party's consent?
- A 'novation' occurs when:
- The parol evidence rule generally limits a party's ability to:
- Which of the following is generally an EXCEPTION where evidence outside the written contract may still be admitted despite the parol evidence rule?
- A written contract contains a clause stating, 'This document is the entire and final agreement of the parties, and no other promises apply.' This is known as: