Assignment Law

Assignment Law-27
Multiple Assignments – A party can partially assign a contract or assign the same contract to multiple parties.Different jurisdictions follow different rules regarding the priority of the assignees.Increases Burden or Risk – Generally, any contract that materially increases the other party’s burden, risk, or ability to receive return performance is not delegable.

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Some jurisdictions allow that the first assignee of a contract who gives notice to the obligor has priority over other assignees.

Other jurisdictions follow the rule that the first assignee to receive assignment of a contract has priority to performance by the obligor.

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.

Methods of Assignment or Delegation – The rights under a contract can be assigned or the duties delegated through agreement between the assignor and assignee.

Assignments/delegations can be a gift or an exchange for other value.Particularly, an assignment that greatly increases a party’s delivery requirements cannot be assigned.Doing so may detriment the obligor who has to meet a new (and possibly more taxing) delivery schedule.If no writing exists, revoking a gratuitous assignment that has not been performed is extremely easy (because no physical transfer has taken place).It can be revoked by an assignor later assigning the same right (the last assignment controls), the death or incapacity of the assignor, or by the delivery of notification of revocation to the assignee or obligor.If a court adjudicates the matter, the assignee winning at court may be vested with the authority to establish priority in performance of assigned rights.Novations – If the assignee executes a novation, the novation establishes priority.Some agreements, such as assignments that are subject to the statute of frauds, are only capable of being assigned via a valid writing.If a prior assignment does not satisfy the statute of frauds, a subsequent transfer could take precedent.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.

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