An assignment is the transfer of rights held by one party called an “assignee” to another party called a “transferee”. The legal nature of the assignment and the contractual terms of the agreement between the parties determine a number of additional rights and liabilities associated with the assignment. The assignment of rights under a contract generally transfers the rights in full to the assignee in order to obtain the benefits of the contract. Normally, assignment is limited to the transfer of rights that are immaterial, such as contractual rights and property rights. Merchants Service Co. v. Small Claims Court, 35 Cal. 2d 109, 113-114 (Cal. 1950).
Before attempting to award something in a contract, check the contract to make sure it is eligible, and inform the other party in the contract. Unless the assignment is prohibited by a contract, the outgoing party may assign its rights to the (third party) entrant without the agreement of the other party. A letter of award may be used for the execution of the award and is signed by both the outgoing and incoming party. It contains special provisions to transfer all rights and benefits of the contract to the incoming party. Two other techniques to prevent the assignment of contracts are termination clauses or clauses that create a subsequent condition. The former would give the other party the power to terminate the contract in the event of an assignment; In such circumstances, the latter would automatically resign from the contract. The assignment of the contract may be a useful clause that can be included in a commercial agreement. .