The third party beneficiary is an intended beneficiary, as the third party will acquire the rights that are legal and will have the power of suing the person directly who promises and is still responsible for the violation of the contract. Intended beneficiaries are the only ones who are able to obtain the legal rights when they are in a contract. There are several factors which strongly specify that the third party beneficiary is indeed an intended beneficiary and the factors have been listed below:
Rendering of the performance is done directly to the third party.
The various details relating to the performance is entirely controlled by the third party.
The beneficiary in the contract is the third party.
Yes , rights can be assigned expressly despite prohibiting assignments. One may transfer rights to another or third party as per given:
First is to transfer rights to third party or assignee party for the contractual rights. Secondly, the third party may ask for the performance from original party through given rights.
Thirdly, the assignee party can't assign for personal services or uses. It should be as per given directions and contract.
In this bilateral agreement Company E decides to assign the right to payment to Company GC whereas the contract clearly mentions that the right cannot be assigned otherwise the contract is rendered void. This rule has several exceptions (for example the right to negotiable funds) however the present cast cannot be classified as an exception. So in this case Company GC cannot force the contract against Mr F as Company E did not have the right to assign the right to payment to Company GC as per the contract.