Also known as: ayants cause · ayant-cause · successor in title · assign · transferee
Written by attorneys · grounded in primary & secondary sources — see below
A person who acquires rights by assignment or succession through will, gift, sale, or exchange. The term identifies the recipient who steps into the position of the original holder with respect to the transferred interest.
Audrey Ashton conveyed a possessory interest in Blackacre to Abigail Alvarez with no fixed duration. When Audrey later decided to terminate the arrangement, Abigail accepted the termination without objection. Abigail functioned as Audrey's ayant cause with respect to the estate.
Avalon Pharmaceuticals leased property from Aether Technologies under a lease containing a repair covenant. Avalon then transferred its leasehold interest to Arcadia Retail. Arcadia became the ayant cause obligated to perform the repair promise because the burden touched and concerned the leasehold.
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Alice Atkins held a state-law contract claim against Austin Abbott. After Abbott filed for bankruptcy, the claim was assigned to Ariana Azizi. Ariana, as ayant cause, could not pursue the claim in the bankruptcy court because the assignment placed a traditional Article III dispute before a non-Article III tribunal.
Ava Adebayo granted Austin Abbott permission to enter her land to remove equipment. When Ava revoked the permission, Austin remained on the land only long enough to depart in a reasonable manner. Austin's status as Ava's ayant cause preserved his privilege to leave without liability for trespass.
Abigail Alvarez was indicted in one district but wished to plead guilty elsewhere. She executed a written statement requesting transfer and waiving trial in the original district. Abigail's consent allowed the case to proceed in the transferee district where she became the ayant cause subject to the receiving court's disposition.
After a divorce decree lacking personal jurisdiction over one spouse, the court assigned separate property to Alice Atkins and divided community property between her and Austin Abbott. Alice received her separate assets directly as the ayant cause of her premarital holdings.
An ayant cause receives the right to distributions or performance that the transferor would otherwise have received. The transfer does not automatically confer management rights or impose pre-transfer liabilities on the recipient.
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Notice protects the ayant cause by directing the obligor to perform for the assignee rather than the assignor. Without notice the obligor may continue paying the original party and discharge the obligation.
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A restriction in an operating agreement renders the transfer ineffective against the entity if the ayant cause had knowledge of the restriction at the time of transfer. The company need not recognize the transferee until it receives proper notice.
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