EFFECT OF A RESTRICTION ON ASSIGNMENT IN A CONTRACT

Authors

Grover C. Grismore, University of Michigan Law School

Abstract

The early common law took a strictly logical view in regard to the assignability of contract rights and duties. Since a contract is essentially a personal relationship voluntarily entered into by the parties to it, it follows as a logical deduction that one of the parties should not be allowed to destroy that relationship by introducing a third person into it in his place without the consent of the other party. This was the view of the early common law. However, in the course of time, as we know, the commercial spirit gradually made inroads into this doctrine until we have reached the stage today in which the contract that is not assignable is regarded as the exception rather than the rule.

Recommended Citation

Grover C. Grismore, EFFECT OF A RESTRICTION ON ASSIGNMENT IN A CONTRACT, 31 Mich. L. Rev. 299 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss3/2