Assignment Law

In general, unless the contract deems otherwise, obligees may assign their rights or delegate their duties under the contract to third parties.Writing Requirement – Assignments and delegations of common law contracts do not have to be in writing.If, however, a modification does not affect the assignee’s rights, it may be modified.

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Assignment is the transfer by one party of her right to receive performance from the other party to the contract.

Delegation is the transfer by one party of her duties to perform under a contract.

A novation is a new contract between individuals that replaces a party to the contract or obligations or rights under the agreement.

Written Assignment – If a later assignee receives a written assignment capable of transfer that is not in writing, she will have rights superior to those of an earlier assignee.

It is important to review the specific rules applicable to the specific jurisdiction when determining one’s rights under an assigned contract.

Revoking an Assignment – A gratuitous (gift) assignment cannot be revoked if the assignment is made pursuant to a written document signed by the assignor.

Cleo later verbally assigns her rights to receive payment to Steve.

Austin complains to Cleo about her subsequent assignment.

If, however, the delegatee and the obligee under the contract enter into a novation, the delegator is relieved of responsibility.: How do you feel about treating assignments of rights and delegation of duties under contracts differently?

Which of the assignment priority rules do you believe is most fair to the parties? Should a party be able to modify a contract after assigning her benefits?


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