Also known as:assignment of rights · assign rights · assigned rights · assigning of rights · assignment · rights assignment
Written by attorneys · grounded in primary & secondary sources — see below
A transfer of contractual rights from an obligee to another person. The transfer occurs when the obligee manifests an intention to pass the right without needing further action by the obligee.
Sources & Authorities· 18 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
License Assignment Without Writing
Alpine Mining holds a license to extract minerals from a tract. Alpine orally informs a buyer that it transfers the license to extract from the same tract. The buyer begins operations. No writing or other formality is required for the transfer to take effect.
Oral Manifestation of Assignment
Aether Technologies owes payment to Aurora Biotech under a services contract. Aurora tells Aether that it now assigns the right to receive payment to Adrian Aguilar. Aurora later confirms the same assignment to a third-party escrow agent. The manifestation alone completes the assignment.
Audrey Ashton holds a policy with an insurer that refuses to defend her in a suit. Ashton assigns her rights against the insurer to Aaron Adams. Adams steps into Ashton's position and pursues the claim. The assignment transfers the accrued rights without further action by Ashton.
Comunale v. Traders & General Ins. Co.50 Cal. 2d 658
Deed Assignment of Contract Rights
Austin Abbott sells land under a contract that includes an option to repurchase. Abbott assigns the repurchase right by deed to Anthony Arnold. The deed manifests the transfer of the contractual right. Arnold may enforce the option against the original obligor.
Masterson v. Sine68 Cal. 2d 222, 436 P.2d 561 (1968)
Distribution Agreement Assignment
Azure Solutions holds exclusive distribution rights under a contract with a manufacturer. Azure assigns those rights to a competitor. The assignee steps into the contractual position. The assignment is effective because the original obligee manifested intent to transfer the rights.
Sally Beauty Co. v. Nexxus Products Co.801 F.2d 1001 (1986)
Written Assignment of Land Rights
Alan Ackerman agrees in writing to sell a farm to another party. Ackerman assigns his rights under the agreement to a third buyer. The written manifestation transfers the contractual right. The assignee may enforce the sale obligation.
Lucy v. Zehmer196 Va. 493, 84 S.E.2d 516
Common questions
Frequently Asked
3
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 to the obligor or a third person.
Are formalities required to assign a license under property law?+
No formalities are essential to the assignment of a license except when the license is coupled with an interest in a chattel or can be used only in connection with other land.
How does an assignment interact with anti-assignment clauses in contracts?+
Contract terms that prohibit assignment are generally enforceable but do not prevent assignment of a right to damages for breach or a right arising from full performance by the assignor.
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…