- Length:5 pages (1730 words)
- Available in:Microsoft Word DOCXApple PagesRTF
If the document isn’t right for your circumstances for any reason, just tell us and we’ll refund you in full immediately.
We avoid legal terminology unless necessary. Plain English makes our documents easy to understand, easy to edit and more likely to be accepted.
You don’t need legal knowledge to use our documents. We explain what to edit and how in the guidance notes included at the end of the document.
We offer free support by email in respect of editing the document. You can also use our Document Review Service if you want to our legal team to check that the document will do as you intend.
Our documents comply with the latest relevant law. Our lawyers regularly review how new law affects each document in our library.
About this assignment agreement
Use this assignment agreement to transfer one or more contracts between two parties where the agreement of the party to the original contract cannot easily be obtained or where the original agreement allows transfer without the consent.
This form of assignment is most commonly used when a large number of contracts are transferred from one business to another, for example when a telephone service provider sells its Republic of Ireland contracts or a white goods retailer sells its maintenance contracts.
When to use this assignment agreement
The basic law is that A cannot transfer to C the obligations he has under a contract with B, without B agreeing. So what happens is that all three enter into a “novation” agreement whereby the proposed transfer is made with B’s permission.
Most businesses that need to set up multiple contracts make sure the terms of the contract allow them to assign the contract without permission of B. In those cases, an agreement like this one can be used.
If your multiple agreements do not include this provision, you may still wish to use this agreement and take the small risk that some subscribers or users may walk away. If they do not, but instead carry on as before and make their next payment to the new owner, they are, in law, affirming the contract with the new owner, and all is well.
So a novation should be used where practicable and assignment is the fallback where there is a large number of contracts or where novation is unnecessary because all the contracts permit assignment anyway.
Whether or not the customers stay or go after the assignment is very important. The exact tone to use in a letter or message is important. So we include with this assignment agreement a letter template to send to customers informing them of the change.
You should use a novation agreement rather than an assignment if all three parties are available and agree. Use: Novation agreement: transfer of service contract.
Agreement features and contents
- Suitable when either party is resident outside the Republic of Ireland
- Comprehensive provisions provide ideas for you to mould
- Letter to customers included so that you can ensure a successful future relationship with your new clients
The assignment agreement contains the following sections:
- Details of the parties
- The assignment
- Existing claims: sets out how outstanding claims will be dealt with
- Other usual legal provisions in plain English