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A novation is a new contract between individuals that replaces a party to the contract or obligations or rights under the agreement.Written Assignment – If a later assignee receives a written assignment capable of transfer that is not in writing, she will have rights superior to those of an earlier assignee.
Modification after Assignment – Generally, a contract cannot be modified after assignment.
As previously discussed, once a contract has vested, the parties generally cannot modify the contract in a way that impairs the assignee’s rights.
Particularly, an assignment that greatly increases a party’s delivery requirements cannot be assigned.
Doing so may detriment the obligor who has to meet a new (and possibly more taxing) delivery schedule.
Multiple Assignments – A party can partially assign a contract or assign the same contract to multiple parties.
Different jurisdictions follow different rules regarding the priority of the assignees.Some jurisdictions allow that the first assignee of a contract who gives notice to the obligor has priority over other assignees.Other jurisdictions follow the rule that the first assignee to receive assignment of a contract has priority to performance by the obligor.If, however, a modification does not affect the assignee’s rights, it may be modified.Continued Delegator Responsibilities – The party delegating the contract is still potentially liable under the contract if the delegatee fails to perform.Assignments of contracts for the sale of goods, however, must be in writing if the original contract was subject to the statute of frauds.Non-Assignable/Delegable Contracts: Unless the agreement limits assignment of rights, most contracts are assignable.Some agreements, such as assignments that are subject to the statute of frauds, are only capable of being assigned via a valid writing.If a prior assignment does not satisfy the statute of frauds, a subsequent transfer could take precedent.If no writing exists, revoking a gratuitous assignment that has not been performed is extremely easy (because no physical transfer has taken place).It can be revoked by an assignor later assigning the same right (the last assignment controls), the death or incapacity of the assignor, or by the delivery of notification of revocation to the assignee or obligor.