UJI 13-818. Assignment and delegation; definition and presumptions.

[An assignment is an act or an expression that is intended to transfer a right under the contract to another person. Unless the parties have agreed otherwise, __________________ (the assignor) is entitled to assign ___________’s (the assignor) rights and interest under the contract. If __________________ (the assignor-obligee) has made an assignment to __________________ (the assignee), then __________________ (the assignee) is entitled to receive the benefits of the contract and is entitled to enforce __________________’s (the obligor) obligations under the contract.] [A delegation is a transfer of a duty or an obligation under the contract to another. Normally, if a person assigns their rights and interests under the contract, __________________ (the assignor) also delegates their duties of performance. Therefore, unless the language and conduct of __________________ (the assignor) and __________________ (the assignee), and the surrounding circumstances, show that __________________ (the assignor) did not intend to delegate their duties to __________________ (the assignee), then __________________ (the assignee) is also obligated to perform __________________’s (the assignor) duties under the contract.]