What is the warranty of assignability at common law?

A) That when a party "assigns" a contract to another party, the assignor is impliedly providing a warranty of merchantability.
B) That when a party "assigns" a contract to another party, the assignor is impliedly guaranteeing a warranty of fitness for a particular purpose.
C) That when a party "assigns" a contract to another party, the assignor is impliedly guaranteeing that the rights being assigned are valid.
D) That when a party "assigns" a contract to another party, the assignor is expressly guaranteeing a warranty of merchantability for fitness.
E) That when a party "assigns" a contract to another party, the person being assigned contractual rights expressly agrees to provide consideration.

Question

Danielle Meeks · Accepted Answer

Final Answer : C, Explanation :  The warranty of assignability at common law implies that when a party assigns a contract to another party, the assignor is guaranteeing that the rights being assigned are indeed valid and enforceable. This does not involve warranties related to merchantability or fitness for a particular purpose, which are concepts more commonly associated with the sale of goods rather than the assignment of contractual rights.

Definitions

Learning Objectives

Learning Objectives

Related questions