Assignment (law)

"Assignee" redirects here. For the racehorse, see Assignee (horse).

Assignment[a] is a legal term used in the context of the laws of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee.[1] An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee. The right or benefit being assigned may be a gift (such as a waiver) or it may be paid for with a contractual consideration such as money.

The rights may be vested or contingent,[2] and may include an equitable interest.[3] Mortgages and loans are relatively straightforward and amenable to assignment. An assignor may assign rights, such as a mortgage note issued by a third party borrower, and this would require the latter to make repayments to the assignee.

A related concept of assignment is novation wherein, by agreement with all parties, one contracting party is replaced by a new party. While novation requires the consent of all parties, assignment needs no consent from other non-assigning parties. However, in the case of assignment, the consent of the non-assigning party may be required by a contractual provision.[4]


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  1. ^ For the assignment of claim see Trans-Lex.org
  2. ^ Norman v Federal Commissioner of Taxation [1963] HCA 21, (1963) 109 CLR 9, High Court (Australia).
  3. ^ Australian Law Dictionary (second ed.). oxford university press.
  4. ^ Kallenbach, Paul; Reid, Nicole (August 2010). "Tips and traps in contracting: novation versus assignment" (PDF). MinterEllison. Archived from the original (PDF) on 2018-04-08. Retrieved 2018-04-07.