Modeling contract agreement, In the word of property laws and contracts, there’s a situation where the property right to perform under a contract can be bought and sold. Courts will differentiate between the assignment of your right to get performance from another party, and the delegation of your duty to execute a contractual promise. By way of example, if you are in a position of the landlord under an apartment rental agreement, you have an option of delegating the right to receive the monthly rental payment to another party.
In this case, you are not delegating your initial duty to maintain the property well functioning. On the flip side, if you’re in a position of tenant, you have an option of delegating your obligation to create a monthly rental payment for your replacement tenant. And at exactly the same time it is still possible to assign your right to reside in the apartment.
There’s a difference between those cases. If you assigned your rights to another party, then you do not have them anymore. However as soon as you delegate your responsibilities, you may not be entirely from the obligations as you thought initially. In case the substitute tenant fails to pay the rent, it’s still possible for the landlord to contact you and collect any outstanding amount of payment from you. If you don’t like this term, then there is a means of altering this standard legal principle on the written rental agreement forms.
When the contract rights and duties are assigned or delegated between related parties, there are some exceptions to those rules which may be used in particular circumstances. One of those examples could be that the parties to a contract could specifically agree that no such assignment or delegation is permitted. In other cases, some contracts make the rights and responsibilities nontransferable.
Even if most people today use the term contract assignment to be considered as both the assignment of rights and the delegation of duties, if you are aspiring to delegate a duty then it’s always a good idea to write it down especially. And if you wish to be out of the designated duty of performing the responsibilities, you should be released from that obligation by the person who is entitled to receive the functionality that has been written down on the record of contract arrangement.