assignment law

assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Contract Assignments

(This may not be the same place you live)

What is a Contract Assignment?

In a contract assignment, one of the two parties to a contract may transfer their right to the other’s performance to a third party. This is known as “contract assignment.” Generally, all rights under a contract may be assigned. A provision in the contract that states the contract may not be assigned usually refers to the delegation of the assignor’s (person who assigns) duties under that contract, not their rights under the contract.

In modern law, the phrase “assignment of contract” usually means assignment of both rights and duties under a contract.

Who are the Various Parties Involved in a Contract Assignment?

How is a contract assignment created, when is a contract assignment prohibited, which parties are liable to each other in a contract assignment, are there issues with multiple assignments, should i hire a lawyer for contract assignments.

In a contract, there are two parties to the agreement, X and Y. The parties may agree to let X assign X’s rights to a third party . Once the third party enters the picture, each party has a special name. For instance, suppose X, a seller of bookmarks, contracts with Y, a purchaser of bookmarks. Y desires to have Y’s right to X’s performance (the sale of bookmarks on a monthly basis) to another person.

This third person, Z, is called the assignee. X is called the obligor , and Y is called the assignor , since Y has assigned its right to X’s performance . X, the obligor, is obligated to continue to perform its duties under the agreement.

There are no “magic words” needed to create an assignment. The law simply requires that the would-be assignor have an intent to immediately and completely transfer their rights in the agreement. In addition, writing is typically not required to create an assignment. As long as X and Y both adequately understand what right is being assigned, an assignment is created.

Words that indicate a transfer is to take place suffice, such as “I intend to transfer my rights under this agreement,” or, “I intend to give my rights to Z,” or “I intend to confer an assignment on Z.” In addition,consideration,which is a bargained-for exchange required for a contract to be valid, is not required for assignment.

In certain instances, an assignment of contract rights can be prohibited. If the contract contains a clause prohibiting assignment of “the contract,” without specifying more, the law construes this language as barring only delegation of the assignor’s duties, not their rights. If the assignment language states “assignment of contractual rights are prohibited,” the obligor may sue for damages if the assignor attempts to assign the agreement. If the contract language states that attempts to assign “will be void,” the parties can bar assignment.of rights.

Under modern contract law, the phrase “I assign the contract” is usually interpreted to mean that one is assigning rights and duties. What is an assignment of duties? An assignment of duties occurs where Y, called the obligor or delegator, promises to perform for X, the obligee. Y then delegates their duty to perform to Z, the delegate. Under the law, most duties can be delegated.

There are exceptions to this rule. Delegation can be prohibited when:

The duties to be performed involve personal judgment and special skill (e.g., a portrait, creation of a custom-made dress).
“Personal judgment” is the exercise of some kind of superior judgment when it comes to determining how, when, or where to do something. Examples of individuals who exercise personal judgment include talent scouts and financial advisors. Special skill is the unique ability to create a good or perform a service. A delegator can be prohibited from delegating duties when it is that specific delegator’s services are sought. For example, if the services of a specific famous chef are sought, and the original agreement was entered into on the understanding that the chef was hired for their specific talent, the delegator may not delegate the services;
The assignment fundamentally changes risks or responsibilities under the agreement;
The assignment is over future rights associated with a future contract that does not currently exist;
Delegation would increase the obligation of the obligee. For example, if a shoe manufacturer contracts to deliver soles to a store in the same town as the shoe factory, the other party cannot assign the delivery to a different store in another state. Doing so would impose a greater obligation on the obligee than was originally contemplated;
The obligee had placed special trust in the delegator. For example, assume that you have hired a patent attorney, based on that attorney’s significant skill and expertise, to obtain a valuable patent. You have placed special trust in this person, hiring them instead of other patent attorneys, because of their unique expertise. In such a situation, the attorney may not delegate his duties to another attorney (delegate), since the attorney was hired because of one person’s special capabilities;
The delegation is of a promise to repay a debt; or
The contract itself restricts or prohibits delegation. If the contract states, “any attempt to delegate duties under this contract is void,” a delegation will not be permitted.

In a contract involving assignment of rights, the assignee may sue the obligor. This is because the assignee, once the assignee has been assigned rights, is entitled to performance under the contract. If the obligor had a defense that existed in the original contract between obligor and assignor, the obligor may assert that defense against the assignee. Examples of such defenses include the original contract was not valid because of lack of consideration, or because there was never a valid offer or acceptance).

An assignee may also sue an assignor. Generally, if an assignment is made for consideration,it is irrevocable. Assignments not made for consideration, but under which an obligor has already performed, are also irrevocable. If an assignor attempts to revoke an irrevocable assignment,the assignee may sue for “wrongful revocation.”

In circumstances involving delegation of duties,an obligee must accept performance from the delegate of all duties that may be delegated. The delegator remains liable on the agreement. Therefore, the obligee may sue the delegator for nonperformance by the delegate. The obligee may sue the delegate for nonperformance, but can only require the delegate to perform if there has been an assumption by the delegate. An assumption by the delegate is a promise that the delegate will perform the delegated duty, which promise is supported by consideration.

Assignments that are not supported by consideration are revocable. If an initial assignment is revocable, a subsequent assignment can revoke it. If a first assignment is irrevocable, because consideration was present,the first assignment will usually prevail over a subsequent assignment. This means the person who can claim the assignment was first made to them will prevail over someone who claims a subsequent assignment.

If, however, the second person paid value for the assignment, and entered into the assignment without knowing of the first assignment, the “subsequent”assignee is entitled to proceeds the first judgment against the obligor (the original party who still must perform), in the event such a judgment is issued,

If you have an issue with assignment of rights or duties under a contract, you should contact a contract lawyer for advice. An experienced business lawyer near you can review the facts of your case, advise you of your rights, and represent you in court proceedings.

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Assignee & Assignor | Assignment in Law, Meaning & Rights

Aya Katz has a BA in foreign languages from the University of Texas at Arlington, a Juris Doctor from Baylor Law School and a PhD in linguistics from Rice University. She has taught linguistics on the college level.

Ashley has a JD degree and is an attorney. She has extensive experience as a prosecutor and legal writer, and she has taught and written various law courses.

Is the assignor the buyer or seller?

Whether the assignor is the buyer or the seller depends on the terms of the original contract. Not every contract is a sales contract. Many contracts are for labor in return for wages, while other contracts are about borrowing money. The assignor is the party who has rights under a contract and chooses to assign them to someone new, who was not a party to the original contract.

What are the duties of an assignee?

An assignee is a person to whom one of the parties to a contract has transferred rights in an assignment of rights. In some cases, the entire contract is assignable; if that happens, the assignee assumes those duties which the assignor had under the original contract. If the assignee wants to receive the rights under a contract assignment, the assignee must also assume the duties.

What is assignment, assignee definition, assignor definition, obligor vs. obligee, breaches and defenses, lesson summary.

What is an assignment under contract law? To answer this question, one must first review the elements of a contract . A contract always has at least two sides. Each side promises to perform some action in return for the other side doing something else. Sometimes people promise to work in return for wages. Sometimes tangible or personal property is given in exchange for payment. Sometimes one party lends money in the present in return for a promise to repay with interest at a later date. All of these are examples of contracts. In essence, a contract is a two-sided promise in which the promise made by one party benefits the other party.

An assignment of rights under contract law occurs when one party transfers that right to a person or entity that was not a party in the original contract.

The parties in a contract have a duty to perform and a right to receive performance from the other side. There is a difference between delegating a duty and assigning a right. If the entire contract role is transferred to a new party, then there might be both the assumption of duty and the assignment of the rights corresponding to that duty. In such a case, the entire contract is assigned, and not just the rights of one of the parties. For example, if A promises to sell his house to B in return for ten equal payments, and later A assigns his right to receive the payments to C, then A has assigned his rights under the contract to C. This would be an assignment of rights only. A contract assignment involves transferring both the duties and the rights of one party to an outsider. The new person then takes over the role of one of the parties to the contract . In our previous example, if B, the buyer, were to assign the right to purchase the house to C, along with the duty to make the payments, this would be a contract assignment.

In general, it is always possible to assign rights to payment in cash since money is fungible, so paying one person rather than another does not make much difference to the one making the payments. On the other hand, not every duty can be delegated since performing work depends on skill level. Even a duty to pay may not have the same value if it is transferred to an insolvent person. For this reason, not every contract is assignable.

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0:05 Assignments
1:19 Assignee
2:56 Assignor
4:43 Obligor
7:24 Breaches and Defenses
8:58 Lesson Summary

An assignee is a person who was not a party to the original contract and to whom one of the parties has transferred rights. An assignment is not a contract because it happens instantaneously, like a transfer of title in a deed.

People cannot assign a right that is not theirs in the first place. All assignable rights are rights described in a previous contractual agreement. However, not every contract right is assignable, just as not every duty is assumable. According to The Restatement of Contracts and Article 2 of the Uniform Commerical Code, a right is not assignable if:

the assignment would materially change the duty of the other party
the assignment would increase the burden or risk to the other party
the assignment would impair the chance of obtaining return performance

For example, let us say that A entered a contract to sell B a widget in return for a promise by B to pay A a certain number of equal payments over a specified period. A can assign the right to receive the payments to an assignee, which would be C, without causing any material difference to B in terms of obligations under the contract. However, if B assigned his right to receive a widget to C in return for C assuming the duty of payment, A could object that C has a bad credit rating, so A might refuse to accept the assignment. A might still hold B liable for the original promise if C is delinquent in making the payments. In the first case, there was an assignment of rights. In the second case, which involved a delegation of duty, there was an attempt to assign the entire contract.

Not every contract is a sales contract. A and B are not always buyers and sellers. Sometimes a contract is for the performance of a service in return for payment. Suppose that A hires B, an architect, to design a summer home in return for a fee. B can without difficulty assign a portion of the fee to his partner C, the assignee, but suppose that B wanted to let the partner design the house and take the fee? A has the right to reject this delegation of duty if the architect's partner has a different style of designing buildings.

The assignor is an individual who assigns a right under a contract to another person who was not involved in the original contract, called an assignee. Usually, the assignee receives payment when the assignor is entitled to payment under the original contract. This is called an assignment of a right. But sometimes, the entire contract is assigned, as in the case where the assignee also assumes the duties of the assignor under the contract. The less fungible those duties are, the less likely it is that the obligee , the other party to the contract, will accept the assignment. Any solvent person can make a payment, but not every person can design a house, paint a mural, or cure a patient of a deadly disease. This is why the right to payment is easy to assign while the duty to perform service under a contract is not.

Assignor vs. Assignee

The difference between the assignor and the assignee is shown through their latinate suffixes. The suffix ''-or'' refers to the one who acts; the suffix ''-ee'' refers to the recipient. The assignor is the one who grants an assignment, whereas the assignee receives the assignment of rights under a contract. The assignor was a party to the original contract; the assignee was not a party to the original contract.

If A and B have a contract and one of them assigns a right to C, then C is the assignee. It is easier to accept an assignee who merely receives payment in currency. But if the assignee is expected to perform a duty, the rights may not be able to be assigned. This is where the relationship of obligor and obligee comes into the equation.

Every promise in a contract represents a benefit for one of the parties; this same promise is an obligation of the other party. The obligor is the person who must perform the duty under the contract. The obligee is the person to whom the obligor made this promise. The duty could be anything, from performing some action or agreeing to refrain from that action. It could be the payment of wages or the performance of work. Whatever was promised under the contract is an obligation with two sides, the one who must meet the obligation and the one for whose benefit it is done.

Sometimes an assignment of a benefit materially changes the risk of the obligor, making the assignment ineffective. For instance, an insurance company, A, agrees to insure a building owned by an individual, B. However, B later sells the building and attempts to assign the insurance policy to the buyer, C. The risk to the obligor, A, might be materially changed since the policy was issued based on the personal reputation of B, the obligee. In such a case, the benefits cannot be assigned to C, the assignee, without the obligor's consent.

In the event of a breach of contract, the assignee is entitled to sue the obligor for failure to fulfill obligations under the contract and need not involve the original obligee. Since an assignment is an immediate transfer of rights, as long as the assignment is valid, the assignee has the same rights as the assignor/obligee would have originally had under the contract. However, the obligor is entitled to the following defenses:

the assignment materially changed the duty of the obligor
the assignment increased the burden or risk to the obligor
the assignment impaired the chance of obtaining return performance

If the assignment is of the right to receive payment and the person receiving the payment is the only factor that changes, the duty, risk, and chance of return performance are not affected. In every case in which the person receiving the payment does affect the amount of payment received, the assignment may be invalid without the consent of the obligor.

Insurance benefits can be made out to a third-party beneficiary , but that is not an assignment. The insured cannot simply assign benefits to a third party after the fact if the chance that payment of insurance will be required is affected by the risky behavior of a new person operating a vehicle or residing in a building. If the assignment is not just of rights but also duties, then the assignor may not be off the hook for the duties under the contract that the assignee has assumed. For instance, in the case of the assumption of a loan, if the assignee defaults on the loan, then the obligee is entitled to pursue payment from the original assignor/obligor.

An assignment is a transfer of rights under a contract from an original party to the contract, called the assignor to a new person, called the assignee . There are two types of assignments: an assignment of rights and a contract assignment , where the assignee assumes duties under the contract as well as receiving benefits. The obligor is the person who owes a duty under the contract, and the obligee receives the benefits.

The obligor has the right to object to an assignment if it materially affects risk or other aspects of the obligation. An assignment is more enforceable if it is merely an assignment of the right to receive payment. A contract assignment requires the assignee to take on the duties of the assignor under the contract and receive the benefits. However, fulfilling duties under a contract can require special skills or depend on the reputation or credit rating of one of the parties. The obligee can always object to a contract assignment that would materially alter performance, increase risk, or reduce the chance of getting return performance.

Video Transcript

Assignments.

Assignment is a common practice in contracts law, and can be found in a variety of different contractual situations. Assignment generally means that there is a transfer of property, or of a right, from one party to another . There are two different types of assignment.

A contract assignment is when one of the original parties to the contract gives the obligations and benefits of the contract to another party . A party can also assign only the benefits of the contract, and retain the obligations . This is called an assignment of rights .

Assignments involve at least three parties. These parties are the assignee , the assignor , and the obligor . For example, let's say that I sell my TV to Red for $2,000. Red doesn't have $2,000 right now, so he executes an agreement to pay me $100 a month for the next 20 months. I owe Green $1,000, so after the first 10 months I assign this contract to Green. I am the assignor, Green is the assignee, and Red is the obligor.

Let's first look at the role of the assignee. The assignee is the party that receives the rights and obligations under the contract, but wasn't an original party to the contract . An assignee usually receives the contract rights and obligations directly from an original party to the contract. An assignee can be an individual, a group, or a business.

In our scenario, I assign my right to receive benefits to Green. Green is the assignee.

An assignee can be assigned anything. This includes such things as real property, real estate, and intellectual property . The benefit can be something tangible, like an antique clock, or something intangible, like life insurance benefits.

Generally, after a valid assignment, all the rights and obligations of the assignor pass to the assignee. The assignee steps into the shoes of the assignor. The assignee is now responsible for fulfilling any remaining obligations under the contract, and the assignee will reap the benefits of the contract. The assignee won't be required to go through the assignor when asserting legal rights under the contract. This means that the assignee can generally sue the other party to the contract if that party doesn't fulfill the contract.

For instance, let's say Red stops making payments. Green can sue Red for the payments. Green doesn't have to ask me first, or ask me to do it for him.

Now let's take a look at the assignor's role. An assignor is an original party to the contract. An assignor can be an individual, a group, or a business. The assignor is the party that transfers its contractual rights to another party . In a contract assignment, this means that the assignor transfers both the contractual obligations and the contractual benefits. In an assignment of rights, this means that the assignor transfers just the contractual benefits. In either situation, the assignor transfers to the assignee.

In our scenario, I assign my right to receive payments to Green. I am the assignor.

The assignee steps into the shoes of the assignor, but this doesn't mean that the assignor then walks away with no obligations or liabilities. An assignment doesn't always completely relieve the assignor. Some contracts include an assurance that the original parties guarantee contract performance. This means that the original parties will fulfill the terms of the contract. So, if the assignee fails to perform the contract, the assignor must step back in and do so. Also, remember that an assignment can be only an assignment of rights. In that case, the assignor retains the obligations of the contract even though the assignee reaps the benefits.

For example, let's say I haven't delivered the TV to Red yet. I told him he had to pay for it in full before I'd deliver it. If Red completes his payments to Green, then I still have the obligation to deliver the TV to Red.

Next, let's take a look at the role of obligor. As we've discussed, an assignment is a transfer of contractual rights from one party to another party. These parties are the assignor and the assignee. Remember that the assignor was an original party to the contract. The other original party to the contract is the obligor. In our scenario, Red is the obligor.

An obligor is a party that is obligated to do something under the terms of a contract . An obligor can be an individual, a group, or a business. You might be familiar with the term 'obligor' because it's often used to describe a 'borrower' or a 'debtor'. This is because many contracts are debt contracts. In our scenario, Red is a debtor. But obligors can be obligated to duties other than repaying debt. Obligors can be obligated to perform a particular task or to refrain from a particular activity.

Whenever we have an obligor, we will have an obligee. An obligee is the party who will benefit from the obligor's fulfillment of the contract . If the assignment is made to profit another party, then that party is the obligee. In our scenario, Green is the obligee. It's common for the obligee to also be the assignee.

It's important to note that obligees and third party beneficiaries aren't the same thing. If the contract is written for the benefit of another party, then that person is a third party beneficiary. If an assignment is made in favor of another party, and that party will benefit from the obligor's obligation, then that party is the obligee. Green isn't a third party beneficiary because my contract with Red wasn't written for Green's benefit.

Also note that some assignments require permission from the obligor. In our scenario, I'll generally be allowed to assign my future rights to Red's payments without Red's permission. But let's say Red is paying me to paint a mural on his wall. I can't assign Green my contract and have Green paint the mural for me, unless Red agrees. This is because the contract is for a personal and unique service.

Also, assignment won't be allowed if it increases the burden to the obligor. Let's say that Green attempts to charge Red interest, therefore making Red's payments more than $100 per month. This assignment will be void.

As you can see, the assignee, assignor, and obligor each have unique responsibilities and rights. These rights help protect each party in the event another party breaches the contract. These rights also create defenses, should the party be sued for not fulfilling its contractual duties.

One example is implied warranty . All assignments come with an implied warranty that the assigned right actually exists and isn't subject to restrictions that the assignee doesn't know about.

Let's say I've renegotiated the payment terms with Red, and told him he can pay me every other month. If I assign my first contract to Green, it will be void since Green doesn't know that he won't be paid every month. This rule protects the assignee.

Note, though, that this isn't a guarantee that Green will be paid. Red might declare bankruptcy or just refuse to pay Green. Green will have to sue Red, rather than me. I'm not liable if I didn't know that Red wouldn't pay. I've never guaranteed that Green will actually get paid. This rule protects the assignor.

Now let's say that the TV never worked. Once Red found out it was broken, he quit making payments. In the meantime, I assigned the contract to Green. So Green sues Red for the payments. Red has a defense against me, since the TV never worked. Since Green stands in my shoes, Red can raise his defense against Green. This rule protects the obligor.

Assignment is a common practice in contracts law. It generally means that there is a transfer of property, or of a right, from one party to another . Assignments involve at least three parties. These parties are the assignee, the assignor, and the obligor.

The assignee is the party that receives the rights and obligations under the contract, but wasn't an original party to the contract . The assignor was an original party to the contract and is the party that transfers its contractual rights to another party . The other original party to the contract is the obligor. The obligor is the party that is obligated to do something under the terms of a contract . Each party holds certain rights and defenses against the other parties based on its role.

Learning Outcome

At the end of the video, you will have a better understanding of how to:

Define what an assignment is in contracts law
List the two types of assignment
Explain the roles and rights of the assignee, the assignor, and the obligor
Differentiate between third party beneficiaries and obligees
Discuss breaches, defenses, and the concept of implied warranty

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Assignment of Contract

Jump to section, what is an assignment of contract.

An assignment of contract is a legal term that describes the process that occurs when the original party (assignor) transfers their rights and obligations under their contract to a third party (assignee). When an assignment of contract happens, the original party is relieved of their contractual duties, and their role is replaced by the approved incoming party.

How Does Assignment of Contract Work?

An assignment of contract is simpler than you might think.

The process starts with an existing contract party who wishes to transfer their contractual obligations to a new party.

When this occurs, the existing contract party must first confirm that an assignment of contract is permissible under the legally binding agreement . Some contracts prohibit assignments of contract altogether, and some require the other parties of the agreement to agree to the transfer. However, the general rule is that contracts are freely assignable unless there is an explicit provision that says otherwise.

In other cases, some contracts allow an assignment of contract without any formal notification to other contract parties. If this is the case, once the existing contract party decides to reassign his duties, he must create a “Letter of Assignment ” to notify any other contract signers of the change.

The Letter of Assignment must include details about who is to take over the contractual obligations of the exiting party and when the transfer will take place. If the assignment is valid, the assignor is not required to obtain the consent or signature of the other parties to the original contract for the valid assignment to take place.

Check out this article to learn more about how assigning a contract works.

Contract Assignment Examples

Contract assignments are great tools for contract parties to use when they wish to transfer their commitments to a third party. Here are some examples of contract assignments to help you better understand them:

Anna signs a contract with a local trash company that entitles her to have her trash picked up twice a week. A year later, the trash company transferred her contract to a new trash service provider. This contract assignment effectively makes Anna’s contract now with the new service provider.

Hasina enters a contract with a national phone company for cell phone service. The company goes into bankruptcy and needs to close its doors but decides to transfer all current contracts to another provider who agrees to honor the same rates and level of service. The contract assignment is completed, and Hasina now has a contract with the new phone company as a result.

Here is an article where you can find out more about contract assignments.

Assignment of Contract in Real Estate

Assignment of contract is also used in real estate to make money without going the well-known routes of buying and flipping houses. When real estate LLC investors use an assignment of contract, they can make money off properties without ever actually buying them by instead opting to transfer real estate contracts .

This process is called real estate wholesaling.

Real Estate Wholesaling

Real estate wholesaling consists of locating deals on houses that you don’t plan to buy but instead plan to enter a contract to reassign the house to another buyer and pocket the profit.

The process is simple: real estate wholesalers negotiate purchase contracts with sellers. Then, they present these contracts to buyers who pay them an assignment fee for transferring the contract.

This process works because a real estate purchase agreement does not come with the obligation to buy a property. Instead, it sets forth certain purchasing parameters that must be fulfilled by the buyer of the property. In a nutshell, whoever signs the purchase contract has the right to buy the property, but those rights can usually be transferred by means of an assignment of contract.

This means that as long as the buyer who’s involved in the assignment of contract agrees with the purchasing terms, they can legally take over the contract.

But how do real estate wholesalers find these properties?

It is easier than you might think. Here are a few examples of ways that wholesalers find cheap houses to turn a profit on:

Direct mailers
Place newspaper ads
Make posts in online forums
Social media posts

The key to finding the perfect home for an assignment of contract is to locate sellers that are looking to get rid of their properties quickly. This might be a family who is looking to relocate for a job opportunity or someone who needs to make repairs on a home but can’t afford it. Either way, the quicker the wholesaler can close the deal, the better.

Once a property is located, wholesalers immediately go to work getting the details ironed out about how the sale will work. Transparency is key when it comes to wholesaling. This means that when a wholesaler intends to use an assignment of contract to transfer the rights to another person, they are always upfront about during the preliminary phases of the sale.

In addition to this practice just being good business, it makes sure the process goes as smoothly as possible later down the line. Wholesalers are clear in their intent and make sure buyers know that the contract could be transferred to another buyer before the closing date arrives.

After their offer is accepted and warranties are determined, wholesalers move to complete a title search . Title searches ensure that sellers have the right to enter into a purchase agreement on the property. They do this by searching for any outstanding tax payments, liens , or other roadblocks that could prevent the sale from going through.

Wholesalers also often work with experienced real estate lawyers who ensure that all of the legal paperwork is forthcoming and will stand up in court. Lawyers can also assist in the contract negotiation process if needed but often don’t come in until the final stages.

If the title search comes back clear and the real estate lawyer gives the green light, the wholesaler will immediately move to locate an entity to transfer the rights to buy.

One of the most attractive advantages of real estate wholesaling is that very little money is needed to get started. The process of finding a seller, negotiating a price, and performing a title search is an extremely cheap process that almost anyone can do.

On the other hand, it is not always a positive experience. It can be hard for wholesalers to find sellers who will agree to sell their homes for less than the market value. Even when they do, there is always a chance that the transferred buyer will back out of the sale, which leaves wholesalers obligated to either purchase the property themselves or scramble to find a new person to complete an assignment of contract with.

Learn more about assignment of contract in real estate by checking out this article .

Who Handles Assignment of Contract?

The best person to handle an assignment of contract is an attorney. Since these are detailed legal documents that deal with thousands of dollars, it is never a bad idea to have a professional on your side. If you need help with an assignment of contract or signing a business contract , post a project on ContractsCounsel. There, you can connect with attorneys who know everything there is to know about assignment of contract amendment and can walk you through the whole process.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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Assignment Legal Definition: Everything You Need to Know

The legal definition of assignment is when a person transfers a piece of property or contractual rights to another person. 3 min read updated on February 01, 2023

The legal definition of assignment is when a person transfers a piece of property or contractual rights to another person.

What is Assignment?

If you own a piece of property or have rights in a contract and would like to transfer either of these items to another person, you can make an assignment. For instance, if you own a trademark, you could transfer rights to your mark to someone else interested in using the mark.

Before an assignment will be legal, several requirements must be met:

All parties must be legally capable.
The objects being transferred must be legal.
Consideration should be included.
All parties must consent to the assignment.

One of the most common forms of assignment is a wage assignment . For instance, if you owe child support, alimony, back taxes, or some other form of debt, the court can require your employer to withhold a portion of your paycheck.

It is also possible to make an assignment for a mortgage. With a mortgage deed, you can give property interest to a lender in exchange for regular payments. Lenders frequently sell mortgages to other lenders. To complete the sale, a mortgage assignment document would need to be used. This document can clarify how payments will be made and can also be used to alter the terms of the mortgage.

Several factors can influence how assignment plays out. In particular, the language of the contract involved in the assignment can impact this process. Certain contracts, for instance, contain clauses that completely eliminate the possibility of assignment. In other contracts, assignment can only occur if the party being assigned the rights and responsibilities of the contract consents.

In some cases, the person making the assignment will still be liable for the performance of the contract . To make sure the contract is completed, a contract can include a provision that requires the original party to make sure the obligations of the contract are fulfilled, even if they have assigned their rights to a third party.

If the assignment significantly changes the terms of the contract, the agreement will usually not be enforceable. For instance, if assignment reduces the contract's value or exposes the other party to more risk, this would be a significant alteration, meaning the courts would not enforce the contract.

It's also possible that an assignment of contract would be restricted by the law. For instance, some states do not allow an employee's future wages to be assigned. Similarly, claims against the federal government usually cannot be assigned. Because it can increase the possibility of litigation, you are not allowed to assign a personal injury claim.

Delegation or Assignment?

In many cases, a person may want to find someone else to fulfill their contractual duties without having to assign the contract. In these cases, you would use a delegation instead of an assignment. Understand, however, that not all contractual obligations are eligible for delegation.

Personal services, for example, usually cannot be delegated. This is because these services are very specific. For instance, if you hired a musical act to play a party, the musician could not delegate their performance to another artist because they were hired with their specific style in mind. If one party wishes to eliminate the possibility of delegation, they should make sure the contract includes language restricting the practice.

Novation and Assignment

In regard to assignment, it's important to understand that only contractual benefits can be assigned. It is not possible to assign the burden of a contract . For example, if a contractor is hired for a construction project, they could assign their payment but not their obligation to complete the project.

Once an assignment has taken place, the assignee will be able to receive the contract's benefits. The assignee also has the ability to file a lawsuit to enforce their new contractual rights. If there are parts of the contract that still need to be completed, the assignor would be responsible for making sure that this occurs. If the contract is not fulfilled, the assignor would be legally liable since they cannot assign the burden.

Typically, when an assignment takes place, performance of the contract will be taken over from the assignee, and the assignor will request an indemnification for breach of contract.

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Assessing Assignability: Transferring Contractual Rights or Obligations | Practical Law

Assessing Assignability: Transferring Contractual Rights or Obligations

Practical law legal update 5-546-6326 (approx. 7 pages).

Published on 12 Nov 2013 • USA (National/Federal)

An intended transfer is of the type that is prohibited by law or public policy (see Practice Note, Assignability of Commercial Contracts: Statutory and Public Policy Exceptions ).
The parties expressly agree to restrict transferability (see Practice Note, Assignability of Commercial Contracts: Contractual Anti-assignment and Anti-delegation Clauses ).
Breaching the contract.
Making an ineffective and invalid transfer.

Distinguishing Between Assignment and Delegation

The assignment of rights to receive performance.
The delegation of duties to perform.

Characteristics of Assignments

The right to receive performance from the assignor.
Its remedies against the assignor for any failure to perform.

Characteristics of Delegation

The general rule governing assignment and delegation.

Most assignments of contractual rights.
Many delegations of contractual performance.
Assignments and delegations that violate public policy or law.
Assignments of rights or delegations of performance that are personal in nature.
Contracts with anti-assignment or anti-delegation clauses.

Contracts That Present the Greatest Challenges

Personal services contracts (see Personal Services Contracts ).
Non-exclusive intellectual property licenses (see Intellectual Property Licenses ).
Contracts with anti-assignment and anti-delegation clauses (see Contracts With Anti-assignment and Anti-delegation Contract Clauses ).

Personal Services Contracts

Intellectual property licenses, contracts with anti-assignment and anti-delegation clauses, is a change of control an assignment.

Contains an anti-assignment and anti-delegation clause expressly restricting a change of control.
States that a change in management or equity ownership of the contracting party is deemed to be an assignment.

When Does an Involuntary Transfer Trigger a Restricted Transfer?

A contractual anti-assignment and anti delegation clause applies to a specific type or transfer.
The transfer is permissible, with or without a contractual anti-assignment and anti-delegation provision.

Drafting and Negotiating Anti-assignment and Anti-delegation Clauses

Directly addressing assignment of rights and delegation of performance.
Clarifying the universe of restricted transfers.
Designating the non-transferring party's consent rights.
Specifying any exceptions to non-transferability.
Requiring notification of a permitted transfer.
Including a declaration that impermissible transfers are void.
Adding a novation to the anti-assignment and anti-delegation provision.

The Law Dictionary

Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

ASSIGNMENT Definition & Legal Meaning

Definition & citations:.

In contracts. 1. The act by which one person transfers to another, or causes to vest in that other, the whole of the right, interest, or property which he has in any realty or personalty, in possession or in action, or any share, interest, or subsidiary estate therein. Seventh Nat. Bank v. Iron Co. (C. C.) 35 Fed. 440; Haug v. Riley, 101 Ga. 372, 29 S. E. 44, 40 L It A. 244. More particularly, a written transfer of property, as distinguished from a transfer by mere delivery. 2. In a narrower sense, the transfer or making over of the estate, right, or title which one has in lands and tenements; and, in an especially technical sense, the transfer of the unexpired residue of a term or estate for life or years. Assignment does not include testamentary transfers. The idea of an assignment is essentially that of a transfer by one existing party to another existing party of some species of property or valuable interest, except in the case of an executor. Ilight v. Sackett, 34 N. Y. 447. 3. A transfer or making over by a debtor of all his property and effects to one or more assignees in trust for the benefit of his creditors. 2 Story, Eq. Jur.

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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Understanding the Law of Assignment

Understanding the Law of Assignment

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The practical importance of intangible personalty such as debt, bonds, equities, futures, derivatives and other financial instruments has never been greater than it is today. The same may be said of interests in intellectual property. Yet the assignment of these intangible assets from one to another remains difficult to understand. Assignments are often taken to operate as a form of transfer akin to conveyances of legal titles to tangible personalty. However, this conception does not accurately reflect the law of assignment as it has developed in the caselaw in England and Wales. This book sets out a different model of the workings of assignments as a matter of English law, one that provides an analytical, yet historically sensitive, framework which allows us to better understand how, and why, assignments work in the way the cases tell us they do.

‘Chee Ho Tham has here produced a remarkably well-written, erudite and thoroughly informative work, and in addition a very distinct accretion to the scholarship on assignment. I recommend it without hesitation to commercial and obligations lawyers alike.’

Andrew Tettenborn Source: Lloyd's Maritime and Commercial Law Quarterly

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Understanding the Law of Assignment pp i-ii

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Understanding the Law of Assignment - Title page pp iii-iii

Copyright page pp iv-iv, contents pp v-viii, foreword pp ix-x, preface pp xi-xiv, cases pp xv-xxxii, legislation pp xxxiii-xl, abbreviations pp xli-xlvi, part i - introduction pp 1-30, 1 - introduction pp 3-15, 2 - a conceptual account of equitable and statutory assignments pp 16-30, part ii - the model pp 31-150, 3 - invariability pp 33-66, 4 - different models of equitable assignment pp 67-105, 5 - misconceptions pp 106-126, 6 - combination pp 127-150, part iii - joinder pp 151-202, 7 - joinder of assignor in equitable proceedings pp 153-170, 8 - joinder of assignor in common law proceedings pp 171-178, 9 - non-joinder of assignor of legal choses pp 179-202, part iv - notice pp 203-324, 10 - giving notice of equitable assignments and its effect on competing assignees: the ‘rule’ in dearle v. hall pp 205-245, 11 - knowledge of assignment: substantive effects in equity between obligor and assignor pp 246-280, 12 - knowledge of assignment: procedural avoidance in equity and by statute of ‘equities’ or ‘defences’ pp 281-324, part v - statutes pp 325-410, 13 - ‘statutory’ assignments under law of property act 1925, section 136(1) pp 327-387, 14 - statutory dealings in specific classes of intangible assets pp 388-410, part vi - consequences pp 411-455, 15 - why it matters pp 413-455, altmetric attention score, full text views.

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Assignee is a person to whom a right is transferred by the person holding such rights under the transferred contract (the “assignor”). The act of transferring is referred to as “ assigning ” or “ assignment ” and is a concept found in both contract and property law.

Contract Law

Under contract law, when one party assigns a contract, the assignment represents both: (1) a transfer of rights; and (2) a delegation of duties . For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C. Here, A has both: assigned A’s rights under the contract to receive the $50 to C, and delegated A’s duty to teach guitar to C. In this example, A is the “assignor” because he/she assigns the contract to C. A is also the “primary obligor ,” meaning he/she will still be liable to B if C fails to teach B guitar. C is the “assignee,” since C is the party to whom A transfers the contract. C is also the “secondary obligor,” since he/she must perform the obligations to B. B is the ultimate recipient of the duty under the assignment, and is the “ obligee .”

There are a few notable rules regarding assignments under contract law. First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee. That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C. Second, rights cannot be assigned when they materially change the obligor’s duty and rights. Third, the primary obligor can sue the assignee directly if the assignee does not perform the assigned duty. In guitar assignment example, if C does not teach B guitar, A can sue C for any liability that A incurs as a result of C’s failure to perform the assigned contract. Fourth, if the promised performance requires a rare genius or skill, then the primary obligor cannot assign the contract.

Lastly, a related concept is novation , which is when the secondary obligor substitutes and releases the primary obligor. If novation occurs, then the primary obligor’s duties are extinguished under the contract. However, novation requires the obligee’s consent . In the guitar example, if A, B, and C agree to novation, then A would not be liable if C fails to teach B guitar.

Property Law

Under property law, assignment typically arises in landlord-tenant situations. For example, A might be renting from landlord B but wants C, a new tenant, to take over the lease. In this scenario, A might be able to choose between assigning and subleasing the property to C. If assigning , A would be giving C the entire balance of the term, with no reversion to anyone. If subleasing , A would be giving C for a limited period of the remaining term. Significantly, under assignment, C would have privity of estate with the landlord, while under a sublease, C would not.

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The Law of Assignment (3rd Edition)

Marcus smith, nico leslie.

This book is the leading text on the law relating to intangible property or choses in action. Its clear and approachable structure covers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action, and equitable rights), considering the nature of intangible property, how it comes into being, and how it is transferred or assigned. The first part of the book analyses the general principles regarding intangibles and their transfer, and the second examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases, and intellectual property under the law. This new edition includes new chapters on powers of attorney and factoring, areas particularly important to legal practice. Other significant developments include the expansion of the chapter on leases to include leasing of chattels, and more material on securities, especially regarding the operation of settlement systems.

Bibliographic Information

Affiliations are at time of print publication..

Marcus Smith, author

Nico Leslie, author

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Foreword to The Third Edition
Foreword to the Second Edition
Foreword to the First Edition
Preface to The Third Edition
Preface to the First Edition
Summary Contents
Detailed Contents
Table of Cases
Statutory Instruments
Netherlands
United States
Conventions
Regulations
International Conventions
List of References
List of Authority Abbreviations
Preliminary Material
Part III.01
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H.R. 8671: To amend the Homeland Security Act of 2002 to establish the Intelligence Rotational Assignment Program, and for other purposes.

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CCPD, LCSO analyists among Florida Law Enforcement Analyst Academy Class

By staff | jun 7, 2024.

The Florida Department of Law Enforcement has announced the graduation of 30 law enforcement analysts today from the Florida Law Enforcement Analyst Academy. These graduates serve crime intelligence analyst roles representing 20 Florida criminal justice agencies.

During this six-week academy, these graduates were challenged with hands-on training, assignments, quizzes and presentations. They developed the skills necessary to complete individual and group research projects. The students took a comprehensive examination following the completion of all course work and successful graduates are recognized as Florida-certified law enforcement analysts.

The goal of the Florida Law Enforcement Analyst Academy is to provide a uniform training curriculum in the area of law enforcement analysis. In addition, the analyst academy sets the foundation for a professional career path in criminal and intelligence analysis and investigations for non-sworn personnel in law enforcement.

Florida Law Enforcement Analyst Academy Class 37 Graduates:

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• Nicky Brady Orlando Police Department

• Bianca Y. De Jesus Port St. Lucie Police Department

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• Kyle Middlemas, Pinellas County Sheriff’s Office

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• Connor Miley, Orlando Police Department

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• Marina Perez, Florida Department of Law Enforcement

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• asbelis (Bel) Salah, Palm Beach County Sheriff’s Office

• Narissa Seepaulsing, North Port Police Department

• Kent Smith, Martin County Sheriff’s Office

• Daryl Tippens, Collier County Sheriff’s Office

• Devyn Tisler, Florida Department of Law Enforcement

• Mazzy Tomko, Fort Myers Police Department

• Gary Vilano, Florida Department of Law Enforcement

• Brittany Yingling, Sebastian Police Department

CCPD’s Esham, LCSO’s Miles, FMPD’s Tomko among Florida Law Enforcement Analyst Academy

The Florida Department of Law Enforcement today announced the graduation of 30 law enforcement analysts from the ...

The Florida Department of Law Enforcement has announced the graduation of 30 law enforcement analysts today from ...

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Properties of Urban Soils after Decontamination Measures on the Radioactively Contaminated Territory of the City of Elektrostal

Published: 04 June 2024
Volume 79 , pages 167–176, ( 2024 )

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D. N. Lipatov 1 ,
V. A. Varachenkov 1 ,
D. V. Manakhov 1 ,
G. I. Agapkina 1 &
A. I. Shcheglov 1

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We studied the morphological properties, pH, organic carbon content, and specific activity of 137 Cs and natural radionuclides ( 40 K, 226 Ra, 232 Th) in the upper horizons of soils in deactivated and slightly damaged areas of the city. The studies were carried out in the urban ecosystems of the city of Elektrostal (Moscow oblast) in 2019, i.e., 6 years after local precipitation of 137 Cs due to a radiation incident. The morphological features of the upper horizons of urban soils were the following: brownish-gray color, light-loamy composition, and small-lumpy and lumpy structure, with inclusions of construction and household waste. In the upper horizons of urban quasizems and urban soils, a low carbon content (less than 1%) with high coefficients of variation were detected. In the studied urban soils, a wide range of water pH values was noted: from an acidic (4.6–5.5) to highly alkaline (>8.0) reaction. Correlation analysis showed that, in the upper horizons of UR, the content of organic carbon was reduced and alkalinization of the soil environment was observed. The accumulative type of distribution of 137 Cs was recorded for soil profiles of polluted urban ecosystems in which decontamination measures were not carried out. The profiles of urban soils that were subjected to decontamination revealed low values of the specific activity of 137 Cs in surface bulk layers and maxima in buried contaminated horizons. In the bulk horizons of UR, which include a large amount of crushed stone, there was an increase in the specific activity of 226 Ra. Some technogenic horizons of UR and TCH, consisting mainly of quartz sand, are characterized by very low values of specific activities 226 Ra and 40 K. Correlations of chemical and radiation indicators in the profiles of urban soils reflect the different compositions and properties of upper horizons formed as a result of excavation and decontamination work.

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Spatial Variations of the Activity of 137Cs and the Contents of Heavy Metals and Petroleum Products in the Polluted Soils of the City of Elektrostal

Radiological characterization of the area impacted by the Mariana dam disaster, in Mariana City-MG-Brazil

Cui, L., Taira, Y., Matsuo, M., et al., Environmental remediation of the difficult-to-return zone in Tomioka Town, Fukushima Prefecture, Sci. Rep., 2020, vol. 10, art. no. 10165. https://doi.org/10.1038/s41598-020-66726-y

Evrard, O., Laceby, J.P., and Nakao, A., Effectiveness of landscape decontamination following the Fukushima nuclear accident: a review, Soil, 2019, vol. 5, no. 2, pp. 333–350. https://doi.org/10.5194/soil-5-333-2019

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Gerasimova, M.I., Stroganova, M.N., Mozharova, N.V., et al., in Antropogennye pochvy: genezis, geografiya, rekul’tivatsiya (Anthropogenic Soils: Genesis, Geography, Reclamation), Smolensk, 2003.

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Ramzaev, V.P., Barkovskii, A.N., Mishin, A.S., et al., Whether it is possible to use mechanical deactivation in Bryansk Region settlements: radiation-hygienic estimation, Radiats. Gigiena, 2008, vol. 1, no. 2.

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Romanovich, I.K., Bruk, G.Ya., Gromov, A.V., et al., Radiation environment at the Electrostal Heavy Engineering Works JSC and nearby territory of Electrostal city jointly with radioactive source meltdown, in Aktual’nye voprosy radiatsionnoi gigieny: Sb. tezisov konferentsii (Proc. Conf. Radiation Hygiene: Topical Problems), St. Petersburg, 2014.

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The research was carried out within the framework of R&D program no. AAAA-A21-121012290189-8 carried out under a state assignment and with the support of the Interdisciplinary Scientific and Educational School of Moscow State University “The Future of the Planet and Global Environmental Changes.”

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Soil Science Faculty, Moscow State University, 119991, Moscow, Russia

D. N. Lipatov, V. A. Varachenkov, D. V. Manakhov, G. I. Agapkina & A. I. Shcheglov

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Correspondence to D. N. Lipatov .

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Lipatov, D.N., Varachenkov, V.A., Manakhov, D.V. et al. Properties of Urban Soils after Decontamination Measures on the Radioactively Contaminated Territory of the City of Elektrostal. Moscow Univ. Soil Sci. Bull. 79 , 167–176 (2024). https://doi.org/10.3103/S0147687424700030

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Received : 21 September 2023

Revised : 20 November 2023

Accepted : 18 January 2024

Published : 04 June 2024

Issue Date : June 2024

DOI : https://doi.org/10.3103/S0147687424700030

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Assignment (law)
Assignment (law) Assignment [a] is a legal term used in the context of the laws of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. [1] An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee.
assignment
assignment. Assignment is a legal term whereby an individual, the "assignor," transfers rights, property, or other benefits to another known as the " assignee .". This concept is used in both contract and property law. The term can refer to either the act of transfer or the rights /property/benefits being transferred.
Assignments: The Basic Law
Assignments: The Basic Law. The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States. As with many terms commonly used, people are familiar with the ...
assign
Assign is the act of transferring rights, property, or other benefits to another party (the assignee) from the party who holds such benefits under contract (the assignor). This concept is used in both contract and property law. Contract Law Under contract law, when one party assigns a contract, the assignment represents both: (1) an assignment of rights; and (2) a delegation of duties.
What Is an Assignment of Contract?
The assignment violates the law or public policy. Some laws limit or prohibit assignments. For example, many states prohibit the assignment of future wages by an employee, and the federal government prohibits the assignment of certain claims against the government. Other assignments, though not prohibited by a statute, may violate public policy.
Assignment Law: Everything You Need to Know
Assignment Law. In legal terms, the meaning of an assignment is a contractual obligation to transfer a property title or right from one party to another. Generally, the assignment is transferred based on an entire interest in the property, chattel, estate, or other item assigned. A grant is different from an assignment in that an assignment ...
Assignment Contract Law
Assignment contract law occurs when a party assigns their contractual rights to a third party. The benefit that the issuing party would have received from the contract is now assigned to the third party. The party appointing their rights is referred to as the assignor, while the party obtaining the rights is the assignee.
What is an Assignment? Legal Definition
Assignment is a legal definition that refers to the transfer of rights, property, or other benefits between two parties. The party allocating the rights is known as the "assignor", while the one receiving them is called the "assignee".
Assignees of a Claim
An assignment of a legal claim occurs when one party (the "assignor" ) transfers its rights in a cause of action to another party (the "assignee" ). 1. The Supreme Court has held that a private litigant may have standing to sue to redress an injury to another party when the injured party has assigned at least a portion of its claim for ...
Contract Assignments
In a contract assignment, one of the two parties to a contract may transfer their right to the other's performance to a third party. This is known as "contract assignment.". Generally, all rights under a contract may be assigned. A provision in the contract that states the contract may not be assigned usually refers to the delegation of ...
Assignee & Assignor
Assignment is a common practice in contracts law. It generally means that there is a transfer of property, or of a right, from one party to another . Assignments involve at least three parties.
Assignment of Contract: What Is It? How It Works
An assignment of contract is a legal term that describes the process that occurs when the original party (assignor) transfers their rights and obligations under their contract to a third party (assignee). When an assignment of contract happens, the original party is relieved of their contractual duties, and their role is replaced by the ...
Assignment Legal Definition: Everything You Need to Know
All parties must be legally capable. The objects being transferred must be legal. Consideration should be included. All parties must consent to the assignment. One of the most common forms of assignment is a wage assignment. For instance, if you owe child support, alimony, back taxes, or some other form of debt, the court can require your ...
Assessing Assignability: Transferring Contractual Rights or Obligations
The parties usually must look to state law, either the appropriate state's general contract law or business-entity law, or both, to determine whether the transfer is permissible. The result may differ depending on whether the transferred contract has an anti-assignment and anti-delegation provision and the precise language of that provision.
ASSIGNMENT Definition & Meaning
The idea of an assignment is essentially that of a transfer by one existing party to another existing party of some species of property or valuable interest, except in the case of an executor. Ilight v. Sackett, 34 N. Y. 447. 3. A transfer or making over by a debtor of all his property and effects to one or more assignees in trust for the ...
Assignment
Assignment. The transfer of a right from one party to another. For example, a party to a contract (the assignor) may, as a general rule and subject to the express terms of a contract, assign its rights under the contract to a third party (the assignee) without the consent of the party against whom those rights are held. Obligations cannot be ...
Understanding the Law of Assignment
Yet the assignment of these intangible assets from one to another remains difficult to understand. Assignments are often taken to operate as a form of transfer akin to conveyances of legal titles to tangible personalty. However, this conception does not accurately reflect the law of assignment as it has developed in the caselaw in England and ...
assignee
Assignee is a person to whom a right is transferred by the person holding such rights under the transferred contract (the "assignor"). The act of transferring is referred to as "assigning" or "assignment" and is a concept found in both contract and property law. Contract Law Under contract law, when one party assigns a contract, the assignment represents both: (1) a transfer of ...
Oxford Legal Research Library: The Law of Assignment
The Law of Assignment (3rd Edition) Marcus Smith, Nico Leslie Abstract. This book is the leading text on the law relating to intangible property or choses in action. Its clear and approachable structure covers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action, and ...
To amend the Homeland Security Act of 2002 to establish the
H.R. 8671: To amend the Homeland Security Act of 2002 to establish the Intelligence Rotational Assignment Program, and for other purposes. ... A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law. Bills numbers restart every two years. That means there are other bills with the ...
LEIE Downloadable Databases
Instructions. Save the desired file to your computer. You may open the file in a database program such as Microsoft Access, a spreadsheet program such as Microsoft Excel, or whichever software you use per normal.
Suspended Counterparty Program
FHFA established the Suspended Counterparty Program to help address the risk to Fannie Mae, Freddie Mac, and the Federal Home Loan Banks ("the regulated entities") presented by individuals and entities with a history of fraud or other financial misconduct. Under this program, FHFA may issue orders suspending an individual or entity from ...
CCPD, LCSO analyists among Florida Law Enforcement Analyst Academy
The Florida Department of Law Enforcement has announced the graduation of 30 law enforcement analysts today from the Florida Law Enforcement Analyst Academy. These graduates serve crime intelligence analyst roles representing 20 Florida criminal justice agencies. During this six-week academy, these graduates were challenged with hands-on training, assignments, quizzes and presentations.
Elektrostal
Law #130/2004-OZ of October 25, 2004 On the Status and the Border of Elektrostal Urban Okrug, as amended by the Law #82/2010-OZ of July 1, 2010 On Amending the Law of Moscow Oblast "On the Status and the Border of Elektrostal Urban Okrug" and the Law of Moscow Oblast "On the Status and Borders of Noginsky Municipal District and the Newly ...
Elektrostal
Elektrostal. Elektrostal ( Russian: Электроста́ль) is a city in Moscow Oblast, Russia. It is 58 kilometers (36 mi) east of Moscow. As of 2010, 155,196 people lived there.
Time in Elektrostal, Moscow Oblast, Russia now
Sunrise, sunset, day length and solar time for Elektrostal. Sunrise: 03:43AM. Sunset: 09:07PM. Day length: 17h 24m. Solar noon: 12:25PM. The current local time in Elektrostal is 25 minutes ahead of apparent solar time.
Properties of Urban Soils after Decontamination Measures on the
Abstract We studied the morphological properties, pH, organic carbon content, and specific activity of 137Cs and natural radionuclides (40K, 226Ra, 232Th) in the upper horizons of soils in deactivated and slightly damaged areas of the city. The studies were carried out in the urban ecosystems of the city of Elektrostal (Moscow oblast) in 2019, i.e., 6 years after local precipitation of 137Cs ...