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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.
SECTION 36-2-318. Third party beneficiaries of warranties express or implied. A seller's warranty whether express or implied extends to any natural person who may be expected to use, consume or be affected by the goods and whose person or property is damaged by breach of the warranty.
An assignment is the transfer of rights held by one party called the ?assignor? to another party called the ?assignee.? The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment.
Delegation occurs when a party to the contract transfers the responsibility and authority for performing a particular contractual duty to another party. Delegation doesn't involve the transfer of contractual rights. In an assignment, the rights, or benefits, of the contract are assigned to another party.
Under contract law, when one party assigns a contract, the assignment represents both: (1) a transfer of rights; and (2) a delegation of duties. For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.
The difference between assignment and delegation is that an assignment can't increase another party's obligations. Delegation, on the other hand, is a method of using a contract to transfer one party's obligations to another party. Assigning rights is usually easier than delegating, and fewer restrictions are in place.
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.
Section 37-2-307 provides that a motor vehicle dealer may charge a closing fee if the dealer files it with the Department, pays the filing fee, includes it in the advertised price of the motor vehicle, discloses it on Page 4 3 the sales contract, and displays it in a conspicuous location in the dealership.