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For example, 'A' gets a contract to cut the grass from 'B's garden. 'A' might delegate the work to 'C' without actually assigning the contract to him. But 'A' will still control the work and receive the payment.
Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value ...
Legal assignment Only the benefit of an agreement may be assigned. The assignment must be absolute. The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt. The assignment must be in writing and signed under hand by the assignor.
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 his shoes and assume all of his contractual obligations and rights.
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.
Obligations cannot be transferred to a third party except by novation. An assignment may be either a legal assignment or an equitable assignment. For more information on assigning rights under a contract, see Practice note, Contracts: assignment.
The wholesaler creates a purchase agreement with that owner to buy their property. The wholesaler then finds an end buyer who wants to take possession of the property. The assignment contract is then created to transfer the wholesaler's rights and obligations under the original purchase agreement to the end buyer.
In order for an assignment of contract to occur, the original contract must be eligible. Some contracts may be written to disallow assignment or may require consent from one or both/all parties for assignment to occur. In addition, an assignment does not always remove full liability from the assignor.