You are a designer of children's clothing and decide to open a children's clothing store. You find a nice place in a local mall and agree to sign a one-year lease agreement that runs from September 1 to August 31. The lease agreement specifies that the lease cannot be assigned without the mall's consent. In late May, you decide that this space is not attracting enough customers, so you decide to assign the balance of your lease to Priscilla, who owns a candle shop. The mall objects to the assignment and denies Priscilla access to the space. You are certain that Priscilla is financially sound and should be allowed the full rights and privileges of an assignee. Discuss fully whether or not you or the mall is correct.
1. Discuss fully the elements of assignment.
2. Examine whether or not rights can be assigned if prohibited in a lease contract.
3. Analyze the distinctions between commercial assignments and residential assignments.
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Law and Profession (150 words and cited work)
An assignment is the transfer of rights from one part, the assignor, to another party, the assignee. The assignment gives additional rights and liabilities as part of the act. The common law prefers the freedom to allow people to use assignment as long as the assignment is permitted based on ...
This solution provides a review of a scenario for the assignment of contract rights from one party to another party.
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Dyer purchased a used Ford from Walt Bennett Ford for $5,895. She signed a written contract, which showed that no taxes were included in the sales price. Dyer contended, however, that the salesperson who negotiated the purchase with her told her both before and after her signing of the contract that the sales tax on the automobile had been paid. The contract Dyer signed contained the following language: The above comprises the entire agreement pertaining to this purchase and no other agreement of any kind, verbal understanding, representation, or promise whatsoever will be recognized. It also stated: This contract constitutes the entire agreement between the parties and no modification hereof shall be valid in any event and Buyer expressly waives the right to rely thereon, unless made in writing, signed by Seller. Later, when Dyer attempted to license the automobile, she discovered that the Arkansas sales tax had not been paid on it. She paid the sales tax and sued Bennett for breach of contract. What result?View Full Posting Details