326. Assignment Contested

326. Assignment Contested Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] was not a party to the original contract. However, [name of plaintiff] may bring a claim for breach of the contract if [he/she/it] proves that [name of assignor] transferred [his/her/its] rights under the contract to [name of plaintiff]. This transfer is referred to as an "assignment." [Name of plaintiff] must prove that [name of assignor] intended to transfer [his/her/its] contract rights to [name of plaintiff]. In deciding [name of assignor]'s intent, you should consider the entire transaction and the conduct of the parties to the assignment. [A transfer of contract rights does not necessarily have to be made in writing. It may be oral or implied by the conduct of the parties to the assignment.] ___________________________________________________________________________ New February 2005