Commentary

65 Assignment and sub-contracting

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

65 Assignment and sub-contracting

| Commentary

65 Assignment and sub-contracting1

  1. 65.1

        Can every party or only one party:

    1. 65.1.1

          assign its rights; and/or

    2. 65.1.2

          transfer obligations,

    under the agreement?

  2. 65.2

        Can any party sub-contract the performance of its obligations under the agreement?

  3. 65.3

        If it is usual for a party to use sub-contractors then this fact should be set out so as to state clearly:

    1. 65.3.1

          what obligations a party is sub-contracting;

    2. 65.3.2

          if appropriate, who the sub-contractors are; and

    3. 65.3.3

          that the party is still responsible for the work that is sub-contracted.

  4. 65.4

        Can a party use an ‘agent’ to perform some or all its

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