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CACI 326

What Is Assignment of a Contract Contested Law in California

Personal Injury Lawyers

What is the Law in California for the Assignment of a Contract Contested - California Civil Jury Instruction CACI 326

California Law

CA Civil Jury Instructions

CACI 326 - Assignment of a Contract Contested

As of September 1, 2010

California Civil Jury Instruction CACI 326

326. Assignment Contested

[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.]

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