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Liabilities Under a Contract Cannot Be Assigned


LIABILITIES UNDER A CONTRACT CANNOT BE ASSIGNED. It is a general principle that a mere liability or debt cannot be assigned. (Can non v. Kreipe, 14 Kans. 324; Van Scatter v. Leffets, II Barb. 140.) The rule is said to be based on sense and convenience. A party contracts with reference to the character, credit and substance of a particular per son, and could this person place some one else in his place to make good his liability there would be no safety in contract. The limitations to this rule are: 1st, That the liability may be assigned with the consent of the party entitled, which is in effect the rescission,by agreement, of one contract and the substitution of a new one with different parties; 2d, where the contract engages the party to do work which is not dependent upon the special skill or ability of the party, the work may be done by some other person equally competent, but the original party is liable if the work is not done as agreed; 3d, where an interest in land is transferred, liabilities attaching to the enjoyment of the interest pass with it. (Anson on Cont. p. 219.)