{"data":{"id":"us-ky/krs-355.2-210","jurisdiction":"us-ky","citation":"KRS 355.2-210","heading":"Delegation of performance -- Assignment of rights.","body":"(1) A party may perform his duty through a delegate unless otherwise agreed or unless\nthe other party has a substantial interest in having his original promisor perform or\ncontrol the acts required by the contract. No delegation of performance relieves the\nparty delegating of any duty to perform or any liability for breach.\n(2) Except as otherwise provided in KRS 355.9 -406, unless otherwise agreed, all rights\nof either seller or buyer can be assigned except where the assignment would\nmaterially change the duty of the other party, or increase materially the burden or\nrisk imposed on him by his contract, or impair materially his chance of obtaining\nreturn performance. A right to damages for breach of the whole contract or a right\narising out of the assignor's due performance of his entire obligation can be assigned\ndespite agreement otherwise.\n(3) The creation, attachment, perfection, or enforcement of a security interest in the\nseller's interest under a contract is not a transfer that materially changes the duty o f\nor increases materially the burden or risk imposed on the buyer or impairs\nmaterially the buyer's chance of obtaining return performance within the purview of\nsubsection (2) of this section unless, and then only to the extent that, enforcement\nactually results in a delegation of material performance of the seller. Even in that\nevent, the creation, attachment, perfection, and enforcement of the security interest\nremain effective, but:\n(a) The seller is liable to the buyer for damages caused by the delegati on to the\nextent that the damages could not reasonably be prevented by the buyer; and\n(b) A court having jurisdiction may grant other appropriate relief, including\ncancellation of the contract for sale or an injunction against enforcement of\nthe security interest or consummation of the enforcement.\n(4) Unless the circumstances indicate the contrary a prohibition of assignment of \"the\ncontract\" is to be construed as barring only the delegation to the assignee of the\nassignor's performance.\n(5) An assignment of \"the contract\" or of \"all my rights under the contract\" or an\nassignment in similar general terms is an assignment of rights and unless the\nlanguage or the circumstances (as in an assignment for security) indicate the\ncontrary, it is a delegation of per formance of the duties of the assignor and its\nacceptance by the assignee constitutes a promise by him to perform those duties.\nThis promise is enforceable by either the assignor or the other party to the original\ncontract.\n(6) The other party may treat an y assignment which delegates performance as creating\nreasonable grounds for insecurity and may without prejudice to his rights against the\nassignor demand assurances from the assignee (KRS 355.2-609).","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33260","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:41Z","sha256":"96594712c058ced1611d18b1f5d3ccbf5d336a75c84b70c401254dfd89165631","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2-209","next":"us-ky/krs-355.2-301"},"notice":"GroundRules: Original legal text. Not legal advice."}