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c) Whether or not contractual rights are assignable is a matter of construction.

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c) Whether or not contractual rights are assignable is a matter of construction.

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Solution

The statement that "whether or not contractual rights are assignable is a matter of construction" reflects the principle that the assignability of rights from a contract depends heavily on the interpretation of the specific terms of that contract.

In contract law, parties are generally free to assign their contractual rights unless the contract expressly prohibits such transfers or unless the nature of the rights is inherently non-assignable (for example, personal services contracts). The construction of the contract involves examining its language, the intent of the parties, and the context in which it was formed.

  1. Contract Language: Courts often look at the exact wording of the contract. If the contract states that rights are non-transferable, this typically bars assignment.

  2. Intent of the Parties: Understanding the intentions of both parties at the time of the contract's formation can provide insight. If the original consent from both parties suggests the rights were intended to be assignable, this can support the case for assignment.

  3. Public Policy Considerations: Sometimes, even if a contract is silent on the issue of assignability, public policy may restrict assignment, particularly in matters that involve personal rights or duties.

  4. Case Law: Previous legal rulings can provide relevant precedents on how similar issues have been handled, impacting the interpretation of assignability.

To summarize, the assignability of contractual rights predominantly depends on the construction of the contract itself, examining its explicit terms, the parties' intents, and applicable legal principles.

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