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 North Dakota, 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. State law recognizes the right to assign a contract, and this is often addressed within the contract through an assignment clause. Such a clause may either allow for assignment, prohibit it, or require the other party's consent before an assignment can be made. If a contract is silent on the issue of assignment, it is typically assumed that the contract rights can be assigned without the other party's consent, except where the assignment would materially alter the performance expected by the non-assigning party, or if the contract involves personal services or trust and confidence. It is important to review the specific terms of the contract and consult with an attorney to understand the implications of an assignment in North Dakota.