The privilege to play tennis and socialize at the Capital City Country Club (CCCC) is obtained through application, references, resumes, and fees.Steven and Chanel want to assign the remaining 4 years of their 5-year membership to Charles and Prissy so that Steven and Chanel may join the posh Silver Hawk Tennis and Polo Club.CCCC sues to enjoin Steven and Chanel from assigning their membership.CCCC will probably:
A)not prevail because all contract rights are assignable.
B)prevail because the parties intended the contract to be personal and non-assignable.
C)not prevail because the membership contract constitutes a lease.
D)None of the above.

Question

Quizplus · Accepted Answer

The key phrase in the scenario is "the parties intended the contract to be personal and non-assignable." While generally, contract rights are assignable, if the parties intended for the contract to be personal and non-assignable, then CCCC will likely prevail in their lawsuit. Additionally, the fact that membership is obtained by application, references, and resumes also suggests that membership is intended to be personal and non-transferable. Finally, the fact that Steven and Chanel want to assign their remaining membership in order to join another exclusive club further supports the idea that membership is intended to be personal and not transferable.

The Privilege to Play Tennis and Socialize at the Capital