Also known as:assign rights · assignments of rights · assigned rights · assignment
Written by attorneys · grounded in primary & secondary sources — see below
A transfer of a contractual right from the obligee to another person. The transfer occurs when the obligee manifests an intention to pass the right without further action by the obligee.
Sources & Authorities
How it applies
Common Examples
6
License Assignment Without Formalities
Arcadia Retail held a license to use certain property features. Arcadia Retail informed Alpine Mining that it was transferring the license to Alpine Mining. No writing or other formal act occurred. The transfer took effect immediately upon the manifestation of intent.
Oral Manifestation of Transfer
Amber Alonzo held a right to payment under a contract with Aaron Adams. Amber Alonzo told Aaron Adams that she was giving the payment right to Anita Ali. The statement alone completed the transfer of the right.
Insurance Claim Transfer
Adrian Aguilar held rights against an insurer after a covered loss. Adrian Aguilar executed a document transferring those rights to Alliance Holdings. The insurer became obligated to pay Alliance Holdings directly.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Restatements
Casebooks
Course Outlines
Study Supplements
Dictionaries
Comunale v. Traders & General Ins. Co.50 Cal. 2d 658
Sale of Contract Right
Ariana Azizi contracted to purchase a cow believed to be barren. Ariana Azizi later transferred her purchase rights to Anthony Arnold. The seller became bound to deliver the cow to Anthony Arnold.
Sherwood v. Walker66 Mich. 568, 580, 33 N.W 919 (1887)
Anticipatory Breach Claim Transfer
Azure Solutions held a right to performance under a services contract. Azure Solutions transferred that right to Arcadia Retail before any breach occurred. The obligor then became liable to Arcadia Retail for anticipatory repudiation.
Hochster v. De La Tour2 EB. & B. 678, 118 Eng.Rep. 922
Distribution Agreement Transfer
Alpine Mining held exclusive distribution rights under a supply contract. Alpine Mining transferred those rights to Alliance Holdings. The supplier became obligated to deliver goods to Alliance Holdings instead.
Sally Beauty Co. v. Nexxus Products Co.801 F.2d 1001 (1986)
Common questions
Frequently Asked
5
What manifestation is required to effect an assignment of rights?+
The obligee must manifest an intention to transfer the right to another person without further action by the obligee. The manifestation may be made orally or in writing.
Supporting sources
Are formalities required for assignment of a license?+
No formalities are essential to the assignment of a license unless the license is coupled with an interest in a chattel or can be used only in connection with other land.
Supporting sources
Can contract rights involving personal skill be assigned?+
Contract rights may not be assigned if the assignment would materially alter the obligor's duty or increase the burden or risk imposed on the obligor.
Supporting sources
Does an assignment for value become irrevocable?+
Assignments for value are irrevocable. This includes assignments made in satisfaction of a preexisting debt.
Supporting sources
What warranties does an assignor make to the assignee?+
The assignor impliedly warrants that the assignor has made no prior assignment of the right and that the right is not subject to defenses good against the assignor.
Supporting sources
196 Va. 493, 84 S.E.2d 516Contracts
…holding that the complainants had failed to establish their right to specific performance, and dismissing their bill. The assignment of error is to this action of the court. W. O. Lucy, a lumberman and farmer, thus testified in substance: He had known Zehmer for fifteen or twenty years and had been familiar with the…