Also known as:sublease · subleases · subleasing · sublet · sublets · assignment · assignments · assigning · subletting · lease transfer
Written by attorneys · grounded in primary & secondary sources — see below
A method by which a party transfers a right to a third party. An assignment transfers the right immediately without further action by the assignor. The manifestation of intention may be made orally or in writing.
Sources & Authorities· 21 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Oral Assignment of Right
Sophia Singh holds a right to use common parking spaces under her agreement. She orally tells Sarah Sullivan that Sullivan may use the spaces. No writing or other formalities occur. The assignment of the right remains effective because no formalities are required.
Manifested Intention in Assignment
Seth Shapiro holds a right to receive payments. He tells Summit Bank in a signed letter that he transfers his right to receive rental payments from a subtenant to the bank. The letter manifests his intention to complete the transfer immediately. The assignment takes effect without further action by Shapiro.
Sabrina Shah transfers her entire remaining interest while remaining liable. Sanders later claims the transfer was an assignment that released Shah. The court examines the parties' intent and the duration transferred to determine the proper characterization.
Reste Realty Corp. v. Cooper251 A.2d 268 (N.J. 1969)
Assignment and Civil Rights
Silverline Industries assigns its rights to a new party. The assignment is challenged under federal law as part of a pattern of discriminatory practices. The court reviews whether the assignment itself violates statutory prohibitions on racial discrimination in property transfers.
Jones v. Alfred H. Mayer Co.392 U.S. 409 (1968)
Standing After Assignment
Stella Shapiro assigns her claim to a collection agent. The agent sues for breach. The court determines whether the assignee has standing to pursue the claim in its own name after the assignment.
Warthrop v. Seldin422 U.S. 490, 499 (1975)
Consent Requirement for Assignment
Sapphire Technologies seeks to assign its rights to another company. The counterparty withholds consent. The court decides whether the refusal is reasonable under the terms and applicable law governing assignment restrictions.
Kendall v. Ernest Pestana, Inc.40 Cal. 3d 488, 709 P.2d 837
Common questions
Frequently Asked
3
What is the key legal difference between a sublease and an assignment?+
A sublease leaves the original party in privity while creating a new relationship with the sub-party. An assignment transfers the entire remaining interest and places the assignee in direct privity.
Does an assignment of a right require a writing?+
No formalities are essential to the assignment of a right unless otherwise provided by statute or contract.
How does a party manifest intention to assign rights?+
The party must show an intention to transfer the right immediately without needing further action. The manifestation can be oral or written and made to the assignee or a third party.
5 U.S. (1 Cranch) 137 (1803)Property
…issue a mandamus to such an officer it must be because the law is unconstitutional and incapable of conferring the authority and assigning the duties which its words purport to confer and assign. The Constitution vests the whole judicial power in one supreme court and such inferior courts as Congress shall ordain and…