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Assignment is a legal term whereby an individual, the ?assignor,? transfers rights, property, or other benefits to another known as the ?assignee.? This concept is used in both contract and property law. The term can refer to either the act of transfer or the rights/property/benefits being transferred.
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. Notice of the assignment must be received by the other party or parties for the assignment to take effect.
An assignment doesn't always relieve the assignor of liability. Some contracts may include a guarantee that, regardless of an assignment, the original parties (or one of them) guarantees performance (that is, that the assignee will fulfill the terms of the contract). What Is an Assignment of Contract? | Nolo nolo.com ? legal-encyclopedia ? assignment... nolo.com ? legal-encyclopedia ? assignment...
The parties to the contract must be competent to make a contract, and not incapacitated by mental incompetency, infancy, or the like. Any contract for an interest in land or any agreement that is not to be performed within one year must be in writing and signed by the party against whom it is seeking to be enforced.
Generally speaking, contracts can be freely assigned to third parties. Non-assignment provisions are designed so that contracts cannot be as freely assigned to third parties; or at least, not without first obtaining the contracting counterparty's consent.
No State contract is transferable, or otherwise assignable, without the written consent of the Chief Procurement Officer, the head of a purchasing agency, or the designee of either; provided, however, that a contractor may assign monies receivable under a contract after due notice from the contractor to the State. SC Code Regs. § 19-445.2180 - Casetext casetext.com ? article-4-office-of-general-services casetext.com ? article-4-office-of-general-services