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 Alaska, as in other states, the assignment of a contract is generally permissible unless the contract itself prohibits it or 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 duties of the obligor, increase the obligor's risk, or impair the chance of obtaining performance. A clause addressing the ability to assign the contract is commonly found near the end of the agreement, and it dictates the permissibility and any required procedures for assignment. 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 personal service contracts or contracts with a highly personal subject matter, are generally considered non-assignable due to the personal nature of the obligations involved. It is important to review the specific terms of the contract and consult with an attorney to understand the implications of an assignment under Alaska law.