student A Issue: Marsala assigns the balance and the living space of the lease, three months, to a friend, Fred. In Marsala's rental agreement, it specifies that the lease cannot be assigned without the landlord's consent. Is Marsala's claim that Fred is financially sound and should be allowed the full rights and privileges of an assignee correct? Rule: Under rights that cannot be assigned, the contract prohibits assignment, a contract for renting an apartment that specifically states that, "the lease cannot be assigned without the landlord's consent", means that the contract will become voidable if the landlord does not consent to the assignment. Application: There are four exceptions to rights being assigned, and they are; The assignment is prohibited by statute, the contract is personal, the assignment significantly changes the risk or duties of the obligor, and the contract prohibits assignment. Marsala's rental agreement specifically stated that the lease cannot be assigned without the landlords consent. Marsala believes that because her friend Fred is financially stable, he should be allowed the full rights and privileges of an assignee. However, the landlord did not consent to Fred and denied him access to the property. Not only can she not assign the lease the Fred, but she cannot delegate him to live there and pay on the lease. Special trust was placed in Marsala when she did her background check, and signed the lease for the entire year, and the landlord has not had any trust placed in Fred. If Fred does not pay rent in full for the last three months, then his performance varies materially from what was expected by the landlord. Conclusion: Since the contract between the landlord, the obligee, and Marsala, the obligor, states that the contract cannot be assigned to anyone else without the consent of the obligee, and he does not consent, then Marsala is responsible for the last three months of rent, and Fred cannot live there. Marsala signed the contract that had clear words, and agreed to fulfilling her obligation of a full years rent. The landlord has that right to deny the transfer and acceptance of Fred becoming the new renter under Marsala's contract. .