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Contracts

assignment

The assignment of a contract occurs when one party to the contract (the assignor) transfers its rights and responsibilities under the contract to another person or entity (the assignee)—usually someone who was not a party to the original contract.

Contracts often include a paragraph or clause near the end of the agreement that addresses whether the parties may assign the contract.

In West Virginia, the assignment of a contract is generally permissible unless the contract itself prohibits it or if the assignment would significantly change the obligations of the other party. Contractual rights can be assigned without the consent of the obligor unless the contract stipulates otherwise or the assignment would materially alter the performance expected by the obligor, increase the obligor's risk, or reduce the value of the contract to the obligor. The terms of the contract may include a specific clause that outlines the conditions under which an assignment is allowed or prohibited. If such a clause is present, it must be adhered to. If a contract is silent on the issue of assignment, it is typically assumed that assignment is allowed. However, certain types of contracts, such as those for personal services, are generally not assignable due to the personal nature of the services to be performed. It is advisable for parties considering an assignment to consult with an attorney to ensure that the assignment is valid and enforceable under West Virginia law.

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Contracts

assignment

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West-Virginia State Code

West-Virginia State Code

Contracts

assignment

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