Utah Assignee's Assumption of Duties and Obligations of Assigned Contract

State:
Multi-State
Control #:
US-0414BG
Format:
Word; 
Rich Text
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Description

This form is an assumption by an Assignee of the duties and obligations of an assigned contract.

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FAQ

The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract. The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee.

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

The rights under a contract can be assigned or the duties delegated through agreement between the assignor and assignee.

The most common example of the non-delegable or non-assignable nature of a personal service contract is that of a famous opera singer who has contracted with an opera to perform. She cannot assign her contractual duty to another singer because the nature of the services is unique and personal.

The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract. The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee.

Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties, in the absence of evidence otherwise. For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.

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.

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.

Related Content. Also called an assignment and assumption. An agreement in which one party transfers its contractual rights and obligations to another party.

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Utah Assignee's Assumption of Duties and Obligations of Assigned Contract