This form provides boilerplate contract clauses that outline requirements or otherwise restrict any delegation of performance under a contract. Several different language options representing various levels of restriction are included to suit individual needs and circumstances.
West Virginia Assignment and Delegation Provisions - The Anti-Delegation Clause
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FAQ
If the agreement itself purports to restrict delegation, the delegating party may be liable either to the non-delegating party for breach of the covenant not to delegate or to the delegatee for breach of the transfer agreement. assigning party from his obligations.
Delegation occurs when a party to the contract transfers the responsibility and authority for performing a particular contractual duty to another party. Delegation doesn't involve the transfer of contractual rights. In an assignment, the rights, or benefits, of the contract are assigned to another party.
West Virginia Code §11-22-1, provides for exemptions to paying the Transfer Tax Fee. Deeds must specifically state the reason for exemption, otherwise, the Transfer Tax Fee will be charged. Every Deed recorded requires a completed Sales Listing Form to be attached. The Sales Listing Form can be found here.
The Pledgee shall have full power to delegate (either generally or specifically) the powers, authorities and discretions conferred on it by this Agreement on such terms and conditions as it shall see fit. The Pledgee shall only remain liable for diligently selecting and providing initial instructions to such delegate.
(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract.
This may read something like this: ?Neither party may assign or delegate this agreement or its rights or obligations under this agreement without the prior written consent of the other party, whose consent shall not be unreasonably withheld or delayed.
Under contract law, transfers of ?rights?, such as a plaintiff's ?right? to receive future periodic payments, are ?assigned?, whereas ?duties?, such as a defendant's obligation (duty) to make future periodic payments, are ?delegated.?
A Standard Clause, also known as an anti-assignment and anti-delegation clause, that provides for a contractual limitation on the assignability of contractual rights and the delegation of contractual duties.
Delegation is prohibited if: It would significantly alter the nature of the original agreement. It is stated in the contract that delegation is not allowed. The sole purpose is to repay a debt.
Personal Services. Personal services are not delegable. If the contract is such that the promisee expects the obligor personally to perform the duty, the obligor may not delegate it.