When assignment will be permitted
Posted on:3/30/2006
| The common law favors the freedom of assignment, so an assignment will generally be permitted unless there is an express prohibition against assignment in the contract. |
The common law favors the freedom of assignment, so an assignment will generally be permitted unless there is an express prohibition against assignment in the contract. Where assignment is thus permitted, the assignor need not consult the other party to the contract. An assignment cannot have any effect on the duties of the other party to the contract, nor can it reduce the possibility of the other party receiving full performance of the same quality. Certain kinds of performance, therefore, can not be assigned, because they create a unique relationship between the parties to the contract. For example, if party A contracts to hire an attorney to represent party A in a civil case for a fee of $1000, party A can not then assign his contractual right to legal representation to another party. Note however, that party A could assign their right to sue under the same claim he contracted with the attorney to pursue.
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