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CA · jury_instructions

CACI No. 326

Assignment Contested

activein force · 2022-01-01 – presentcompiled-edition

[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/

nonbinary pronoun/it] proves that [name of assignor] transferred [his/her/

nonbinary pronoun/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/nonbinary pronoun/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

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
caci-2022
Content hash
1d7be4f99d135d1a0bbc4f4c6dad2d40ac78793b09282efc7f95bb022b44e6cf
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CACI No. 326 — Assignment Contested · binding.law