No Party shall assign this Agreement or any part hereof without the prior written consent of the other Parties. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties Parties, and their respective permitted successors and assigns.
Editor's Note: An assignment and assumption agreement assigns contractual rights or intangible personal property (such as intellectual property or goodwill) from one party, the assignor, to another party, the assignee, who will also assume at least some of the associated liabilities and performance obligations.
Also called an assignment and assumption. An agreement in which one party transfers its contractual rights and obligations to another party.
An Assignment, or an assignment of contract, is a document that allows one party to transfer the rights and benefits of a contract to another party.
The difference between assignment and transfer is that assign means it's legal to transfer property or a legal right from one person to another, while transfer means it's legal to arrange for something to be controlled by or officially belong to another person.
If you are assigning a contract, your original contract with the seller will need to state that it is assignable. Most wholesalers do this by stating that the buyer is your name and/or assigns. You would then sign an assignment of contract with the buyer.
An assignment must be clear and unequivocal; There must be clear evidence of the intent to transfer rights; An assignment must describe the subject matter of the assignment; Notice to the obligor.
To assign rights to an existing contract, your assignment agreement needs: The assignor's information (name and address) The assignee's information (name and address) Third-party details (name and address of the other party involved in the original contract)
For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C. That is, this assignment is both an assignment of A's rights under the contract to the $50; and a delegation of A's duty to teach guitar to C.
A binding contract requires both an offer and acceptance of that offer. A party makes an offer by expressing a willingness or desire to enter into an agreement with the intent that, if the other party accepts the terms of the offer, then there is a binding contract.