New Jersey § 12a:2-210
Full text of New Jersey New Jersey Statutes § 12a:2-210, with citation guidance and answers to common questions.
§ 12a:2-210.
(1) A party may perform his duty through a delegate unless otherwise agreed or unless
the other party has a substantial interest in having his original promisor perform
or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform
or any liability for breach. (2) Except as otherwise provided in 12A:9-406, unless otherwise agreed , all rights of either seller or buyer can be assigned except where the assignment
would materially change the duty of the other party, or increase materially the burden
or risk imposed on him by his contract, or impair materially his chance of obtaining
return performance. A right to damages for breach of the whole contract or a right arising out of the
assignor's due performance of his entire obligation can be assigned despite agreement
otherwise. (3) Unless the circumstances indicate the contrary a prohibition of assignment of
“the contract” is to be construed as barring only the delegation to the assignee of
the assignor's performance. The creation, attachment, perfection, or enforcement of a security interest in the
seller's interest under a contract is not a transfer that materially changes the duty
of or increases materially the burden or risk imposed on the buyer or impairs materially
the buyer's chance of obtaining return performance within the purview of subsection
(2) of this section unless, and then only to the extent that, enforcement actually
results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the
security interest remain effective, but (a) the seller is liable to the buyer for
damages caused by the delegation to the extent that the damages could not reasonably
be prevented by the buyer, and (b) a court having jurisdiction may grant other appropriate
relief, including cancellation of the contract for sale or an injunction against enforcement
of the security interest or consummation of the enforcement. (4) An assignment of “the contract” or of “all my rights under the contract” or an
assignment in similar general terms is an assignment of rights and unless the language
or the circumstances (as in an assignment for security) indicate the contrary, it
is a delegation of performance of the duties of the assignor and its acceptance by
the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original
contract. (5) The other party may treat any assignment which delegates performance as creating
reasonable grounds for insecurity and may without prejudice to his rights against
the assignor demand assurances from the assignee (12A:2-609).
Frequently Asked Questions About New Jersey § 12a:2-210
What does New Jersey Statutes § 12a:2-210 cover?
Section 12a:2-210 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 12a:2-210?
A common citation format is "New Jersey Statutes § 12a:2-210" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12a:2-210 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.