In ance with the provisions of the Contract Law, a change made to the contents of a contract constitutes a modification while a change that involves the parties to a contract constitutes assignment, including delegation.
An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into their shoes and assume all of their contractual obligations and rights.
The person who is assigned the tenancy becomes the tenant of the landlord under the same agreement. A tenant's right to assign depends on their tenancy type.
The collateral warranties given by consultants, contractors and sub-contractors in construction contracts are often assigned to subsequent owners or leases. Assignment can do no more than transfer rights available to the assignor. It is not capable of creating new rights and obligations in favour of an assignee.
The assignor must agree to assign their rights and duties under the contract to the assignee. The assignee must agree to accept, or "assume," those contractual rights and duties. The other party to the initial contract must consent to the transfer of rights and obligations to the assignee.
To novate is to replace an old obligation with a new one. In contract law, a novation replaces one of the parties in a two-party agreement with a third party, with the agreement of all three parties. In a novate, the original contract is void.
An assignment of contract is a legal clause that allows for one party of a contract to transfer the rights, obligations, and responsibilities of that contract to another party. The party who is giving away the responsibility of the contract is the assignor and the party receiving is the assignee.