HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
assign
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A quick definition of assign:
Assigning means giving something to someone else. This can happen in two ways: (1) giving someone else the rights and responsibilities of a contract you have with someone else, or (2) giving someone else the property you are renting from someone else. When you assign a contract, you are giving someone else the right to do what you were supposed to do and the responsibility to do it. For example, if you were supposed to teach someone guitar for $50, you could assign that contract to someone else who would then be responsible for teaching guitar and getting paid. There are rules about assigning contracts, like you can't assign a contract that hasn't been made yet, and the person you were supposed to do something for can sue the person you assigned the contract to if they don't do what they were supposed to do. When you assign property, you are giving someone else the right to use it for a certain amount of time. For example, if you were renting a house from someone, you could assign the rental agreement to someone else who would then be responsible for paying rent and living in the house. There are different rules for assigning property, like the person you assign it to might have different rights than you did, depending on how you assign it.
A more thorough explanation:
Assign is when one party transfers rights, property, or benefits to another party. This can happen in both contract and property law.
Under contract law, when one party assigns a contract, they are transferring both their rights and duties to another party. For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C. Here, A is transferring their rights to the $50 and their duty to teach guitar to C. In this example, A is the "assignor," C is the "assignee," and B is the "obligor."
There are a few rules regarding assignments under contract law. First, you cannot assign your future right to an assignee if you have not yet secured the contract to perform duties to another. Second, you cannot assign rights if they materially change the obligor's duty and rights. Third, the obligor can sue the assignee directly if the assignee does not pay them.
Under property law, assignment typically arises in landlord-tenant situations. For example, if A is renting from landlord B but wants another party (C) to take over the property, A can choose between assigning and subleasing the property to C. If assigning, A would give C the entire balance of the term, with no reversion to anyone. Under a sublease, A would give C the property for a limited period of the remaining term.
Under assignment, C would have privity of estate with the landlord while under a sublease, C would not.
If A assigns their contract with B to C, C is now responsible for paying A the $50 and teaching guitar to B. If C does not pay A, B can sue C directly. If C does not teach guitar to B, B can sue C and then compel A to fulfill the duties under secondary liability.