Ohio Code § 1302.13

Ohio Code § 1302.13. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1302.13.

(A) A party may perform the party's duty through a delegate unless otherwise agreed or

unless the other party has a substantial interest in having the 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. (B)(1) Except as otherwise provided in section 1309.406 of the Revised Code , 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 the other party by the contract, or impair

materially the other party's 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 the assignor's entire obligation can be assigned despite

agreement otherwise. (2) 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 under division (B)(1) of this section

unless, and then only to the extent that, enforcement actually results in a delegation

of material performance of the seller.  In any case, the creation, attachment, perfection, and enforcement of the security

interest remain effective, but 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 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. (C) 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. (D) 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 the assignee to perform those

duties.  This promise is enforceable by either the assignor or the other party to the original

contract. (E) The other party may treat any assignment which delegates performance as creating

reasonable grounds for insecurity and may without prejudice to the other party's rights

against the assignor demand assurances from the assignee as provided in section 1302.67 of the Revised Code .

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1302.13
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

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What subject does Ohio Revised Code § 1302.13 address?

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