english law on assignment

• assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Assignment—key cases

Published by a lexisnexis banking & finance expert.

This Practice Note sets out certain key cases and relevant content in relation to assignment. The cases are divided by topic area and include:

Assignment—general points

Assignment—legal (statutory) or equitable

Importance and advantages of giving notice to debtor

Standing to sue debtor where assignment is equitable

Impact of prohibition or restriction on assignment

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Related legal acts:

• Law of Property Act 1925 (1925 c 20)

Key definition:

Equitable assignment definition, what does equitable assignment mean.

Assignments can occur in equity when any of the requirements of legal assignment are not satisfied.

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The Law of Assignment (3rd Edition)

Marcus smith, nico leslie.

This book is the leading text on the law relating to intangible property or choses in action. Its clear and approachable structure covers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action, and equitable rights), considering the nature of intangible property, how it comes into being, and how it is transferred or assigned. The first part of the book analyses the general principles regarding intangibles and their transfer, and the second examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases, and intellectual property under the law. This new edition includes new chapters on powers of attorney and factoring, areas particularly important to legal practice. Other significant developments include the expansion of the chapter on leases to include leasing of chattels, and more material on securities, especially regarding the operation of settlement systems.

Bibliographic Information

Affiliations are at time of print publication..

Marcus Smith, author

Nico Leslie, author

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• Foreword to The Third Edition
• Foreword to the Second Edition
• Foreword to the First Edition
• Preface to The Third Edition
• Preface to the First Edition
• Summary Contents
• Detailed Contents
• Table of Cases
• Statutory Instruments
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• Conventions
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• List of References
• List of Authority Abbreviations
• Preliminary Material
• Part III.01
• [66.249.64.20|195.190.12.77]
• 195.190.12.77

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Assignment is a legal term whereby an individual, the “assignor,” transfers rights, property, or other benefits to another known as the “ assignee .”   This concept is used in both contract and property law.  The term can refer to either the act of transfer or the rights /property/benefits being transferred.

Contract Law   

Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties , in the absence of evidence otherwise.  For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.  That is, this assignment is both: (1) an assignment of A’s rights under the contract to the $50; and (2) a delegation of A’s duty to teach guitar to C.  In this example, A is both the “assignor” and the “delegee” who d elegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the “ assignee ” who is owed duties and is liable to the “ obligor ”.

(1) Assignment of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.  First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee .  That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C.  Second, rights cannot be assigned when they materially change the obligor ’s duty and rights.  Third, the obligor can sue the assignee directly if the assignee does not pay him/her.  Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

            (2) Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor.  It can only be delegated if the promised performance is more commonplace.  Further, an obligee can sue if the assignee does not perform.  However, the delegee is secondarily liable unless there has been an express release of the delegee.  That is, if B does want C to teach guitar but C refuses to, then B can sue C.  If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor.  If novation occurs, then the original obligor’s duties are wiped out. However, novation requires an original obligee’s consent .  

Property Law

Under property law, assignment typically arises in landlord-tenant situations.  For example, A might be renting from landlord B but wants to another party (C) to take over the property.   In this scenario, A might be able to choose between assigning and subleasing the property to C.  If assigning , A would be giving C the entire balance of the term, with no reversion to anyone whereas if subleasing , A would be giving C for a limited period of the remaining term.  Significantly, under assignment C would have privity of estate with the landlord while under a sublease, C would not. 

[Last updated in May of 2020 by the Wex Definitions Team ]

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English law assignments of part of a debt: Practical considerations

United Kingdom |  Publication |  December 2019

Enforcing partially assigned debts against the debtor

The increase of supply chain finance has driven an increased interest in parties considering the sale and purchase of parts of debts (as opposed to purchasing debts in their entirety).

While under English law part of a debt can be assigned, there is a general requirement that the relevant assignee joins the assignor to any proceedings against the debtor, which potentially impedes the assignee’s ability to enforce against the debtor efficiently.

This note considers whether this requirement may be dispensed with in certain circumstances.

Can you assign part of a debt?

Under English law, the beneficial ownership of part of a debt can be assigned, although the legal ownership cannot. 1  This means that an assignment of part of a debt will take effect as an equitable assignment instead of a legal assignment.

Joining the assignor to proceedings against the debtor

While both equitable and legal assignments are capable of removing the assigned asset from the insolvency estate of the assignor, failure to obtain a legal assignment and relying solely on an equitable assignment may require the assignee to join the relevant assignor as a party to any enforcement action against the debtor.

An assignee of part of a debt will want to be able to sue a debtor in its own name and, if it is required to join the assignor to proceedings against the debtor, this could add additional costs and delays if the assignor was unwilling to cooperate. 2

Kapoor v National Westminster Bank plc

English courts have, in recent years, been pragmatic in allowing an assignee of part of a debt to sue the debtor in its own name without the cooperation of the assignor.

In Charnesh Kapoor v National Westminster Bank plc, Kian Seng Tan 3 the court held that an equitable assignee of part of a debt is entitled in its own right and name to bring proceedings for the assigned debt. The equitable assignee will usually be required to join the assignor to the proceedings in order to ensure that the debtor is not exposed to double recovery, but the requirement is a procedural one that can be dispensed with by the court.

The reason for the requirement that an equitable assignee joins the assignor to proceedings against the debtor is not that the assignee has no right which it can assert independently, but that the debtor ought to be protected from the possibility of any further claim by the assignor who should therefore be bound by the judgment.

Application of Kapoor

It is a common feature of supply chain finance transactions that the assigned debt (or part of the debt) is supported by an independent payment undertaking. Such independent payment undertaking makes it clear that the debtor cannot raise defences and that it is required to pay the relevant debt (or part of a debt) without set-off or counterclaim. In respect of an assignee of part of an independent payment undertaking which is not disputed and has itself been equitably assigned to the assignee, we believe that there are good grounds that an English court would accept that the assignee is allowed to pursue an action directly against the debtor without needing the assignor to be joined, as this is likely to be a matter of procedure only, not substance.

This analysis is limited to English law and does not consider the laws of any other jurisdiction.

Notwithstanding the helpful clarifications summarised in Kapoor, as many receivables financing transactions involve a number of cross-border elements, assignees should continue to consider the effect of the laws (and, potentially court procedures) of any other relevant jurisdictions on the assignment of part of a debt even where the sale of such partial debt is completed under English law.

Legal title cannot be assigned in respect of part of a debt. A partial assignment would not satisfy the requirements for a legal assignment of section 136 of the Law of Property Act 1925.

If an assignor does not consent to being joined as a plaintiff in proceedings against the debtor it would be necessary to join the assignor as a co-defendant. However, where an assignor has gone into administration or liquidation, there may be a statutory prohibition on joining such assignor as a co-defendant (without the leave of the court or in certain circumstances the consent of the administrator).

[2011] EWCA Civ 1083

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Assignment Law: Everything You Need to Know

In legal terms, the meaning of an assignment is a contractual obligation to transfer a property title or right from one party to another. 3 min read updated on February 01, 2023

The term assignment law is used in the law of real estate and in the law of contracts. In both instances, it relates to the transfer of rights held by one party (the assignor) to another party (the assignee).

Assignment Law

In legal terms, the meaning of an assignment is a contractual obligation to transfer a property title or right from one party to another. Generally, the assignment is transferred based on an entire interest in the property, chattel, estate, or other item assigned.

A grant is different from an assignment in that an assignment refers to the right to transfer the property. This is considered an intangible right. On the other hand, the grant is concerned about the physical transfer of property. This is a tangible right. For example, a payee can assign their rights to collect a note payment to a bank. 

The terms of the contract must be analyzed to determine if the right of assignment is prohibited. For example, a property owner may allow a lease to be assigned, ordinarily along with an assumption agreement, where the new tenant is now responsible for the payments and duties of the lease.

The holder of a trademark may transfer it, either by giving or selling their interest in the trademark to another party. This is referred to as an assignment. The party that receives the benefit is called the assignee. Once transferred, the assignee has the ability to exclude others from using their trademark.

In order for the assignment to be enforceable, it must be in writing and have the goodwill of the company attached to the mark. For an assignment to be effective, it must contain the fundamental aspects of a contract, such as:

• Parties with legal capacity
• Legality of object
• Consideration consent

A contract assignment occurs when a party assigns their contractual rights to a third party. The benefit the issuing party would have received from the contract is now assigned to the third party. The party appointing their rights is referred to as the assignor, while the party obtaining the rights is the assignee. Essentially, the assignor prefers that the assignee reverses roles and assumes the contractual rights and obligations as stated in the contract. Before this can occur, all parties to the original contract must be notified.

How Assignments Work

The specific language used in the contract will determine how the assignment plays out. For example , one contract may prohibit assignment, while another contract may require that all parties involved agree to it before proceeding. Remember, an assignment of contract does not necessarily alleviate an assignor from all liability. Many contracts include an assurance clause guaranteeing performance. In other words, the initial parties to the contract guarantee the assignee will achieve the desired goal.

When Assignments Will Not Be Enforced

The following situations indicate when an assignment of a contract is not enforced:

• The contract specifically prohibits assignment
• The assignment drastically changes the expected outcome
• The assignment is against public policy or illegal

Delegation vs. Assignment

Occasionally, one party in a contract will desire to pass on or delegate their responsibility to a third party without creating an assignment contract. Some duties are so specific in nature that they cannot be delegated. Adding a clause in the contract to prevent a party from delegating their responsibilities and duties is highly recommended.

Three Steps to Follow if You Want to Assign a Contract

There are three main steps to take if you're looking to assign a contract:

• Make sure the current contract does not contain an anti-assignment clause
• Officially execute the assignment by transferring the parties' obligations and rights
• Notify the obligor of the changes made

Once the obligor is notified, the assignor will effectively be relieved of liability.

Anti-Assignment Clauses

If you'd prefer not to allow the party you're doing business with to assign a contract, you may be able to prevent this from occurring by clearly stating anti-assignment clauses in the original contract. The three most common anti-assignment clauses are:

• Consent required for assignment
• Consent not needed for new owners or affiliates
• Consent not unreasonably withheld

Based on these three clauses, no party in the contract is allowed to delegate or assign any obligations or rights without prior written consent from the other parties. Any delegation or assignment in violation of this passage shall be deemed void. It is not possible to write an anti-assignment clause that goes against an assignment that is issued or ordered by a court.

If you need help with assignment law, you can  post your job  on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. 

Hire the top business lawyers and save up to 60% on legal fees

Content Approved by UpCounsel

• Legal Assignment
• Assignment Contract Law
• Assignment of Rights and Obligations Under a Contract
• Assignment of Rights Example
• Assignment Legal Definition
• What Is the Definition of Assigns
• Consent to Assignment
• Assignment Of Contracts
• Delegation vs Assignment
• Assignment of Contract Rights

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• Housing, local and community
• Planning and building
• Building regulation

Government to lay new law to halt the march of gender-neutral toilets in buildings

New requirements will be brought forward for single sex toilet facilities in new non-domestic buildings to alleviate safety, privacy and dignity concerns.   

The new legislation follows the results of a consultation on the proposals, where responses showed 81% agreed with the intention for separate single-sex toilet facilities and 82% agreed with the intention to provide universal toilets where space allows.  A universal toilet is self-contained, and a fully enclosed toilet room with a wash hand basin for individual use.

Responses highlighted particular concerns from women, elderly and the disabled who felt unfairly disadvantaged as publicly accessible toilets are increasingly being converted into gender neutral facilities where users share cubicle and hand-washing facilities. This leads to increasing waiting in shared queues, decreased choice and less privacy and dignity. 

The new requirements will mean everyone can access appropriate facilities either through a separate single-sex space or a self-contained, universal toilet.   

Changes to building regulations will mean that new non-domestic buildings, including restaurants, shopping centres, offices and public toilets will be required to provide separate single-sex toilets for women and men. Self-contained, universal toilets may be provided in addition, where space allows, or instead of single-sex toilets where there isn’t enough space.   

In addition to single-sex toilets becoming the default for new non-domestic buildings and places undertaking major refurbishment, the policy encourages provision of self-contained universal toilets, which are a fully enclosed toilet room with a washbasin and hand-drying facilities for individual use.   

Minister for Women and Equalities Kemi Badenoch said:

These regulations will guide organisations to design unisex and single-sex toilets, ending the rise of so-called “gender-neutral” mixed sex toilet spaces, which deny privacy and dignity to both men and women. Today’s announcement will also create better provision for women so that our particular biological, health and sanitary needs are met. This is following our work last week limiting the use of mixed-sex wards in the NHS and demonstrates how this government is committed to ensuring single-sex spaces are protected for all.

Housing Minister Lee Rowley said:

We know all members of society value safety, privacy and dignity, and this new legislation will help ensure the right facilities are in place for everyone.  It is vital that new buildings, particularly in public spaces, are serving the community with right toilet provision.

The government is clear that single-sex spaces are essential for ensuring privacy and dignity for the elderly, women, and girls. 

The move comes following a set of announcements of firm action to protect spaces for women and girls, such as the government’s introduction of a new NHS constitution which put patient safety and dignity at the heart of care, including reinforcing the NHS’s commitment to providing single-sex wards. It also follows the Minister for Women and Equalities’ call for examples of organisations issuing incorrect guidance on single-sex spaces. 

In addition, the Department for Education re-enforced that schools are required to comply with minimum standards, including that separate toilets for boys and girls aged 8 years and over are to be provided. While colleges are not subject to the same legal requirements, they should take the same approach given the same safeguarding considerations apply.

Changes to building regulations will ensure that:   

• separate single-sex toilets facilities are provided for men and women
• self-contained, universal toilets may be provided in addition to single-sex toilets, where space allows
• self-contained universal toilets may be provided instead of single-sex toilets only where lack of space reasonably precludes provision of single-sex toilet accommodation

Further information

The new requirement will apply to new non-domestic buildings, or buildings which undergo a material change of use, with some exceptions.   

These exemptions are:   

• residential homes
• en suite facilities in individual rooms for residential purposes 
• residential rooms in care homes
• premises used wholly or mainly for early years provision 
• cellular accommodation in custodial facilities

While separate toilet facilities for boys and girls aged 8 years or over must already be provided in schools, except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time.  

The changes will affect England only.  

In the Building Regulations 2010 Part T and Approved Document T, the phrase universal toilets is used. This refers to self-contained, private toilets, which are a fully enclosed toilet room with a wash hand basin for individual use.

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39 Facts About Khimki

Written by Sharlene Kight

Modified & Updated: 17 May 2024

Reviewed by Sherman Smith

• Russian History Facts

Khimki, located in the Moscow Oblast region of Russia, is a vibrant city with a rich history and a promising future. Known for its strategic location near Moscow and its close proximity to major transportation routes, Khimki has become a hub for economic and cultural development. With a population of over 200,000 people, the city is bustling with activity and offers a wide range of amenities and attractions for visitors and residents alike. In this article, we will explore 39 fascinating facts about Khimki, delving into its history, landmarks, industries, and unique characteristics that make it a standout destination in the region. So, buckle up and get ready to discover the wonders of Khimki!

Key Takeaways:

• Khimki, a city near Moscow, offers a blend of history, nature, and culture. From the Khimki Reservoir to vibrant nightlife, it’s a charming destination for all types of travelers.
• With its warm community and diverse attractions, Khimki is a convenient and captivating getaway from the bustling city center of Moscow. Whether you’re a nature lover or a sports enthusiast, there’s something for everyone to enjoy.

Khimki is situated just 19 kilometers northwest of Moscow, making it a convenient getaway from the bustling city center.

Khimki’s close proximity to Moscow allows visitors to explore both the cosmopolitan offerings of the capital and the peaceful charm of the suburban landscape.

The city is home to the picturesque Khimki Reservoir, a stunning artificial lake spread across an area of 27 square kilometers.

The Khimki Reservoir serves as a popular recreational spot, offering opportunities for boating, fishing , and picnicking amidst breathtaking natural surroundings.

Khimki was officially founded in 1939 as an industrial settlement, primarily focused on timber and chemical production.

Over the years, Khimki has transformed into a thriving city with a diverse economy and a flourishing business sector.

The Khimki Forest, also known as the Moscow Forest, is one of the largest green areas near the city, covering approximately 3,500 hectares.

This expansive forest provides a peaceful escape from the urban landscape, featuring winding trails, lush vegetation, and diverse wildlife.

Khimki has a rich cultural scene, boasting numerous theaters, art galleries, and cultural centers that showcase both local and international talent.

Art lovers will be delighted by the variety of exhibitions, performances, and concerts available throughout the year.

The city’s transportation infrastructure is well-developed, with a modern network of roads, railways, and an international airport.

Getting to and around Khimki is convenient, ensuring seamless travel experiences for visitors.

Khimki is famous for its football team, FC Khimki, which competes in the Russian Football National League.

Sports enthusiasts can catch an exciting match and cheer on the local team, immersing themselves in the fervor of the game .

The Khimki City Museum offers a captivating journey through the history and heritage of the region, from ancient times to the present day.

Visitors can explore archaeological artifacts , learn about important historical events, and gain insights into the city’s evolution.

The Church of St. George the Victorious is a prominent religious landmark in Khimki, known for its stunning architecture and serene ambiance.

It serves as a place of worship and a symbol of spiritual unity for the local community.

Khimki is well-regarded for its educational institutions, including universities, colleges, and schools that offer quality education across various fields of study.

Students from all over Russia come to Khimki to pursue their academic aspirations.

The Khimki Central Market is a bustling hub of activity, where locals and visitors can find an array of fresh produce, local delicacies, and unique souvenirs.

Exploring the market is an immersive experience that awakens the senses and provides glimpses into the local culinary scene.

The Lianozovsky Park, located in the heart of Khimki, is a serene green oasis with picturesque landscapes, tranquil ponds, and charming walking paths.

Visitors can take a leisurely stroll, have a picnic, or simply relax amidst the beauty of nature.

Khimki is known for its thriving industrial sector, with numerous factories and manufacturing plants contributing to the city’s economic growth.

These industries play a crucial role in providing employment opportunities for the local population .

The 39km-long Moscow Canal passes through the outskirts of Khimki, connecting the city with the Moscow River and providing a scenic waterway.

Boat rides along the canal offer a unique perspective of Khimki’s landscape and highlight the importance of water transportation.

The Khimki Railway Station serves as a major transportation hub, connecting the city with various destinations across Russia and neighboring countries.

It plays a vital role in facilitating trade, tourism, and commuter travel.

The Khimki Plaza shopping mall is a popular retail destination in the city, offering a wide range of stores, eateries, and entertainment options.

Shoppers can indulge in a day of retail therapy and explore the latest fashion trends.

Khimki has a vibrant nightlife scene, with numerous bars, clubs, and entertainment venues offering a lively atmosphere for nocturnal adventures.

Whether you’re looking for a sophisticated cocktail lounge or a high-energy dance floor, Khimki has options to suit all tastes.

The Khimki City Park is a beloved recreational spot, featuring beautifully landscaped gardens, playgrounds, and sports facilities.

Families can enjoy quality time together, and nature enthusiasts can revel in the beauty of the park’s flora and fauna.

Khimki has a strong sense of community, with various local events and festivals that bring residents together to celebrate their cultural heritage.

Attending these festivities allows visitors to immerse themselves in the traditions and customs of Khimki.

The Sheremetyevo International Airport, located near Khimki, is one of the busiest airports in Russia, connecting the city with numerous international destinations.

Travelers can easily access Khimki from around the world, making it a gateway to the wonders of Russia.

The famous Moscow Metro extends into Khimki, providing seamless connectivity to Moscow’s metro system and making commuting efficient and convenient.

This integration offers visitors the opportunity to explore both Khimki and Moscow with ease.

Khimki has a growing technology sector, with various IT companies and startups establishing their presence in the city.

The city’s focus on technological advancements and innovation contributes to its ongoing economic development.

The Khimki History and Art Museum is a treasure trove of historical artifacts, artworks, and exhibitions that showcase the city’s cultural heritage and artistic achievements.

It provides visitors with a deeper understanding of Khimki’s past and its place in the broader historical context.

The Khimki Business Park is a modern business district that hosts various national and international companies, attracting investment and fostering economic growth.

The business park serves as a hub for innovation, entrepreneurship, and collaboration.

Khimki is home to the Otkritie Arena, a renowned sports stadium that hosts various sporting events, including football matches and athletic competitions.

Sports enthusiasts can relish the electrifying atmosphere and witness the skills of both local and international athletes.

The Khimki City Library is a valuable resource for knowledge seekers, offering an extensive collection of books and educational materials.

Visitors can explore literary treasures and engage in intellectual pursuits within the walls of this cultural institution.

Khimki boasts a diverse culinary scene, with restaurants and eateries serving a wide array of cuisines, ranging from traditional Russian delicacies to international flavors.

Food enthusiasts can embark on a gastronomic journey that tantalizes their taste buds and satisfies their cravings.

The Khimki Youth Theater is a platform for young talent, showcasing innovative performances that push the boundaries of artistic expression.

Attending a theatrical production here provides a unique glimpse into the emerging theater scene of Khimki.

For adrenaline junkies, Khimki offers various adventure sports and outdoor activities, such as rock climbing, hiking, and zip-lining.

These thrilling experiences allow visitors to embrace their adventurous spirit and create lasting memories.

The Khimki City Stadium is a sporting arena that hosts local and regional events, bringing the community together in the spirit of competition.

Cheering on athletes and teams in this vibrant stadium creates an atmosphere of camaraderie and excitement.

Khimki has a strong commitment to environmental sustainability, with initiatives aimed at preserving the natural beauty of the region and promoting eco-friendly practices.

Visitors can appreciate Khimki’s efforts in creating a greener and more sustainable future.

The Khimki Concert Hall is a cultural landmark that hosts a wide variety of musical performances, from classical symphonies to contemporary concerts.

Audience members can revel in the power of music and witness exceptional talent on stage.

Khimki is home to several beautiful parks and gardens, offering tranquil spaces for relaxation, exercise, and leisurely walks.

Nature enthusiasts will be delighted by the abundance of green spaces dotted throughout the city.

The Khimki History and Architectural Museum-Preserve is a captivating institution that showcases the city’s architectural heritage and highlights its role in Russian history.

Exploring the museum-preserve allows visitors to step back in time and appreciate the architectural marvels of Khimki.

Khimki has a vibrant street art scene, with colorful murals and graffiti adorning the walls of buildings, adding an artistic flair to the city’s urban landscape.

Art enthusiasts can embark on a street art tour and marvel at the creativity and talent displayed by local artists.

The Khimki Concert and Exhibition Center is a versatile venue that hosts a wide range of events, including concerts, exhibitions, conferences, and trade shows.

Attending an event at this multifunctional center offers opportunities for networking and cultural enrichment .

Khimki has a strong tradition of folk arts and crafts, with local artisans creating intricate handmade products that showcase the region’s cultural heritage.

Exploring the local markets and shops allows visitors to purchase unique souvenirs and support the local craft community.

The Khimki Sports Palace is a hub of sporting activities, housing facilities for various indoor sports such as ice hockey, volleyball, and basketball.

Sports enthusiasts can watch thrilling matches or participate in their favorite sports in this state-of-the-art arena.

Khimki has a warm and welcoming community, known for its hospitality and friendly demeanor towards visitors.

Interacting with the locals provides a glimpse into the genuine warmth and charm that defines the city.

Embark on an unforgettable journey through the enchanting city of Khimki and discover the hidden gems that make this destination truly remarkable. Whether you’re intrigued by its history, captivated by its natural beauty, or enthralled by its cultural offerings, Khimki has something to captivate every traveler.

In conclusion, Khimki is a fascinating city with a rich history, vibrant culture , and numerous attractions. From its stunning natural landscapes to its impressive architectural landmarks, Khimki offers something for every visitor. Whether you’re interested in exploring the city’s historical sites, enjoying outdoor activities, or indulging in its delicious cuisine, Khimki has it all. With its convenient location near Moscow and its excellent transportation network, Khimki is a perfect destination for both locals and tourists alike. So, plan your visit to Khimki and immerse yourself in the charm and beauty of this wonderful city.

1. What is the population of Khimki?

Khimki has a population of approximately 207,425 people.

2. What is the weather like in Khimki?

Khimki experiences a typical continental climate with hot summers and cold winters. The average temperature in summer ranges from 20°C to 30°C, while in winter , it can drop to -10°C or even lower.

3. Are there any famous landmarks in Khimki?

Yes , Khimki is home to several notable landmarks, including the Khimki Reservoir, Khimki Cathedral, and the Memorial Complex “To the Warriors of the Khimki Front.

4. How can I reach Khimki from Moscow?

Khimki is conveniently located near Moscow, and you can easily reach it by taking a train, bus, or taxi. The journey usually takes around 30 minutes, depending on the mode of transportation and traffic conditions.

5. What are some popular outdoor activities in Khimki?

Khimki offers a variety of outdoor activities, such as hiking, cycling , and boating. You can explore the beautiful forests and parks surrounding the city or indulge in water sports on the Khimki Reservoir.

6. Are there any shopping malls in Khimki?

Yes, Khimki is known for its modern shopping malls, including Mega Khimki, Grand Canyon , and Aviapark. These malls offer a wide range of shops, entertainment facilities, and dining options.

Khimki's allure extends beyond its 39 fascinating facts. Sports enthusiasts can explore the captivating history of Arena Khimki , home to thrilling matches and unforgettable moments. Football fans won't want to miss the intriguing facts about FC Khimki , a club with a rich legacy and passionate supporters. Delving into these additional topics will enrich your understanding of Khimki's vibrant sports culture and the pride its residents take in their beloved teams.

Was this page helpful?

Our commitment to delivering trustworthy and engaging content is at the heart of what we do. Each fact on our site is contributed by real users like you, bringing a wealth of diverse insights and information. To ensure the highest standards of accuracy and reliability, our dedicated editors meticulously review each submission. This process guarantees that the facts we share are not only fascinating but also credible. Trust in our commitment to quality and authenticity as you explore and learn with us.

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• Practical Law

Legal assignment

Practical law uk glossary 9-107-6754  (approx. 3 pages).

• Only the benefit of an agreement may be assigned.
• The assignment must be absolute.
• The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.
• The assignment must be in writing and signed under hand by the assignor.
• Notice of the assignment must be received by the other party or parties for the assignment to take effect.
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IR-2024-133, May 6, 2024

WASHINGTON ― The Internal Revenue Service today reminded the 1 million people who didn’t file their tax year 2020 returns they may be eligible for a refund if they file by the May 17 deadline.

The IRS estimates more than $1 billion in refunds remain unclaimed because people haven’t filed their 2020 tax returns yet. The state-by-state table below shows how many people are potentially eligible for these refunds, and the average median refund in each state.

There's no penalty for failure to file if a refund is due. However, a return claiming a refund must be filed within three years of its due date for a refund to be allowed. After the expiration of the three-year period, the refund statute generally prevents the issuance of a refund check and the application of any credits, including overpayments of estimated taxes or withholding amounts, to other tax years that are underpaid.

For 2020 tax returns, people have a little more time than usual to file their claim for refunds. Typically, the filing deadline to claim old refunds falls around the tax deadline of April 15. However, the 2020 filing deadline was pushed to May 17, due to COVID-19, making the three-year window deadline for 2020 unfiled returns May 17, 2024. The IRS issued Notice 2023-21 on Feb. 27, 2023, providing legal guidance on claims required by the postponed deadline.

Many people who didn’t file may be eligible for more

By missing out on filing a tax return, people stand to lose more than just their refund of taxes withheld or paid during 2020. The estimate does not include credits that non-filers may be eligible to receive. Credits include the Earned Income Tax Credit (EITC) , the Recovery Rebate Credit or other credits that may be applicable.

Many low- and moderate-income workers may be eligible for the Earned Income Tax Credit (EITC). For 2020, the EITC was worth as much as $6,660 for taxpayers with qualifying children. The EITC helps individuals and families whose incomes are below certain thresholds.

The IRS has previously reminded those who may be entitled to the COVID-era Recovery Rebate Credit in 2020 that time is running out to file a tax return and claim their money. The Recovery Rebate Credit is a refundable credit for individuals who did not receive one or more Economic Impact Payments, also known as stimulus payments, distributed in 2020 and 2021.

Plan to file? IRS offers options to get key documents

Gathering all the necessary documents and forms to file a return for 2020 may take some time. People should start as soon as possible to make sure they have enough time to file before the May 17 deadline for 2020 refunds. Here are some options:

• Request copies of key documents. Taxpayers who are missing Forms W-2, 1098, 1099 or 5498 for the years 2020, 2021 or 2022 can request copies from their employer, bank or other payers.  
• Use Get Transcript Online at IRS.gov. Taxpayers who have lost contact with their employer or other payers can order a free wage and income transcript at IRS.gov using the Get Transcript Online tool. For many taxpayers, this is by far the quickest and easiest option.  
• Request a transcript. Another option is for people to file Form 4506-T, Request for Transcript of Tax Return , with the IRS to request a “wage and income transcript.” A wage and income transcript shows data from information returns received by the IRS, such as Forms W-2, 1099, 1098, Form 5498 and IRA contribution information. Taxpayers can use the information from the transcript to file their tax return. But plan ahead – these written requests can take several weeks; people are strongly urged to try the other options first.  
• Current and prior years’ tax forms. Tax year 2020 Forms 1040 and 1040-SR and instructions are available on the IRS.gov Forms, instructions & publications page or by calling toll-free 800-TAX-FORM (800-829-3676).

Taxpayers who are unsure if they are required to file a return can visit Do I need to file a tax return? or refer to Publication 17, Your Federal Income Tax (For Individuals) .

Free help is available

For individuals who have not filed a federal income a tax return for 2020, the IRS offers tools and resources on IRS.gov. Free support includes the Interactive Tax Assistant (ITA) , information on What to do if you haven’t filed your return , and Frequently asked questions and answers (FAQs) .

Qualified taxpayers can also access free tax preparation assistance through the Volunteer Income Tax Assistance and the Tax Counseling for the Elderly programs . Use the VITA Locator Tool or call 800-906-9887 to locate the nearest VITA site.

The IRS also reassures taxpayers there is no penalty for claiming a refund on a late-filed tax return. Direct deposit is recommended as the quickest and simplest way to receive a tax refund.

State-by-state estimates of individuals who may be due 2020 income tax refunds

The IRS estimated the number of individuals in each state and the median potential refund a filer may be entitled to receive. The actual refund amount will vary based on a household’s tax situation.

* Excluding credits.

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