HopefullyInLawSchool
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Simple English definitions for legal terms
assignment
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A quick definition of assignment:
Assignment is when one person gives something they own, like property or rights, to another person. This can happen in contracts or property law. For example, if someone agrees to teach guitar to another person for $50, they can assign that contract to someone else who will then be responsible for teaching guitar and paying the $50. There are rules about how assignments can be made, like not being able to assign something that hasn't been agreed upon yet, and the person who is supposed to do something can still sue the person who was assigned the contract if they don't do what they're supposed to do. In property law, assignment often happens when someone is renting a place and wants someone else to take over the lease.
A more thorough explanation:
Assignment is a legal term that refers to the transfer of rights, property, or benefits from one person (the assignor) to another person (the assignee). This concept is used in both contract and property law.
Under contract law, assignment of a contract involves the transfer of both rights and duties. For example, if person A contracts with person B to teach B guitar for $50, A can assign this contract to person C. This means that A is transferring their rights to the $50 payment to C, and delegating their duty to teach guitar to C. In this example, A is both the "assignor" and the "delegee," C is the "obligor" who must perform the obligations to the assignee, and B is the "assignee" who is owed duties and is liable to the "obligor."
There are a few rules regarding assignments under contract law. First, an individual cannot assign their future right to an assignee if they have not yet secured the contract to perform duties to another. Second, rights cannot be assigned 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 person A is renting from landlord B but wants another party (person C) to take over the property, A might be able to choose between assigning and subleasing the property to C. If assigning, A would be giving C the entire balance of the term, with no reversion to anyone, whereas if subleasing, A would be giving C the property for a limited period of the remaining term. Significantly, under assignment, C would have privity of estate with the landlord while under a sublease, C would not.
Person A has a contract with person B to paint their house for $500. A can assign this contract to person C, who will then be responsible for painting the house and paying A the $500. In this example, A is the assignor, B is the obligor, and C is the assignee.
Another example is if person A is renting an apartment from landlord B but wants to move out before the lease is up. A can assign their lease to person C, who will then become the new tenant and be responsible for paying rent to landlord B. In this example, A is the assignor, B is the landlord, and C is the assignee.
These examples illustrate how assignment involves the transfer of rights and duties from one person to another, and how it can be used in both contract and property law.