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 Minnesota, 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. Minnesota law recognizes the right to assign contracts, and this is a common practice in various types of agreements, including leases, business contracts, and service agreements. The clause in a contract that addresses the ability to assign the contract is known as an 'assignment clause.' This clause may either allow for free assignment, prohibit assignment altogether, or require the other party's consent before an assignment can be made. It is important to review the specific language of the contract to understand the rights and limitations regarding assignment. If a contract is silent on the issue of assignment, it is generally assumed that the contract rights are assignable. However, certain types of contracts, such as personal service contracts or contracts where the performance is highly specific to the contracting party, may not be assignable due to the nature of the obligations involved. An attorney can provide specific guidance on the enforceability and implications of assignment clauses in Minnesota contracts.