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 Montana, 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. Montana law recognizes the right to assign contracts, and this is often addressed within the contract through an assignment clause. If such a clause is present, it dictates whether and how the parties to the contract may transfer their rights and obligations. If the contract is silent on assignment, it is typically allowed, but there are exceptions, such as when the assignment would violate public policy, when it involves personal services, or when it would increase the burden on the non-assigning party. It is important to review the specific terms of the contract and consult with an attorney to understand the implications of an assignment in Montana.