District of Columbia Assignee's Assumption of Duties and Obligations of Assigned Contract
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FAQ
An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights.
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.
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.
A transfer of rights contract allows you to transfer your contractual rights and responsibilities to another party. Transferring contract rights can happen either through assignment or delegation.
The difference between assignment and delegation is that an assignment can't increase another party's obligations. Delegation, on the other hand, is a method of using a contract to transfer one party's obligations to another party. Assigning rights is usually easier than delegating, and fewer restrictions are in place.
The rights under a contract can be assigned or the duties delegated through agreement between the assignor and assignee.
Parties to a contract may transfer their rights and obligations to other people through an assignment or delegation. An assignment involves the transfer of contract rights. A delegation involves the appointment of another to perform one's duties under a contract.
The most common example of the non-delegable or non-assignable nature of a personal service contract is that of a famous opera singer who has contracted with an opera to perform. She cannot assign her contractual duty to another singer because the nature of the services is unique and personal.
An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights.
Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties, in the absence of evidence otherwise. For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.
