Simple Assignment of Contract: Everything You Need to Know
A simple assignment of contract can be used to pass the obligations and rights related to a contract over to somebody else.3 min read
2. Key Elements of a Simple Assignment of Contract
A simple assignment of contract can be used to pass the obligations and rights related to a contract over to somebody else. This works on the condition that the wording of the original contract doesn't ban the assumption and assignment of obligations. It is important to check the terms of the original contract to ensure liability does not still fall onto the original contractor after the contract has been assigned to a different party.
It may be worth asking the other party affiliated with the original contract to enter into a Release/Waiver Agreement to free you from any reliability related to that contract. In addition, it is also possible for the benefits derived from an income stream to be transferred to a new assignee by means of an assignment agreement.
Solving Intellectual Property Disputes
Let's say for example you upload videos to YouTube and derive an income from them. You later find out you have possibly used material belonging to somebody else. A potential copyright dispute could be settled by using a simple assignment of contract. This assignment would transfer some of the money you made from the videos to the other party for a certain amount of time.
In certain cases, a simple assignment of contract may be used to transfer personal or intellectual property rights. In most cases, however, it is preferable to achieve this in a different way. For example, you could use a trademark assignment, an assignment of a trade name, or a bill of sale.
Key Elements of a Simple Assignment of Contract
A number of key elements are included in a simple assignment of contract:
- The name of the contractor.
- A complete address.
- The name and address of the other person who originally entered into the contract.
- The name and address of the new assignee or contractor.
- The date when the parties signed the assignment.
- Details of the contract signed between the contractor and the client.
- The date of the writing and signing of the actual contract.
- Permission from the client (in writing) regarding the assignment.
- A comprehensive list of services, responsibilities, and obligations applicable to the new assignee or contractor.
- A breakdown of any charges the client is required to pay the contractor.
- Details of any monies the client has already paid the contractor.
- The names and addresses of witnesses.
- The signatures of everybody involved, including the new contractor, actual contractor, witnesses, and client.
A simple assignment of contract (which is also called simply a contract), enables one party to transfer all the benefits and rights associated with a contract to somebody else. In a typical simple assignment of contract, there are two parties: the assignor and the assignee.
- The assignor is the one who originally had the contract and is in the process of transferring obligations and rights to somebody else.
- The assignee is the one receiving these obligations and rights.
- In addition, there can also be a third party. This would be the individual or a corporate who initially entered into the contract with the assignor.
By definition, a contract is a written statement or agreement between two parties. One party is always the obligor, while the other is the person who engaged the services of the obligor.
Within the contract, the client details the specific purposes or services that he or she has hired the obligor to carry out. The obligor states the terms under which he or she has agreed to provide these services and details the remuneration the obligor has been promised. These contracts are often seen in the field of construction.
In a case where the actual contractor realizes that he or she cannot provide the services to the client as agreed upon, he or she will meet with the client and ask whether the client will agree to work with a different contractor, who the actual contractor will hire.
Once the client, the actual contractor, and the new contractor are all in agreement, a simple assignment of contract is signed, and the obligations are handed over to the new contractor.
When he or she signs this contract, the actual contractor states the responsibilities associated with the contract have been reassigned to the new obligor. In turn, the new obligor states that he or she accepts responsibility for the contract. The client, with his or her signature, states he or she has authorized this simple assignment of contract and agrees to pay the new obligor all remaining monies owed.
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