Editing Assignment (law) (section)

===When assignment will be permitted===
The [[common law]] favors the freedom of assignment, so an assignment will generally be permitted unless there is an express prohibition against assignment in the contract. Where assignment is thus permitted, the assignor need not consult the other party to the contract. An assignment cannot have any effect on the duties of the other party to the contract, nor can it reduce the possibility of the other party receiving full performance of the same quality. Certain kinds of performance, therefore, ''cannot'' be assigned, because they create a unique relationship between the parties to the contract. For example, the assignment of a legal malpractice claim is void since an assignee would be a stranger to the attorney-client relationship, who was owed no duty by the attorney and would imperil the sanctity of the highly confidential and fiduciary relationship existing between attorney and client.

Torts are not assignable as [[public policy]], and various statutes may prohibit assignment in certain instances.<ref name=Stark2003/> In addition, the [[Restatement (Second) of Contracts]] lists prohibitions in §317(2)(a) based upon the effect to the non-assigning party (obligor),<ref name=Stark2003/> with similar prohibitions in the [[Uniform Commercial Code]] §2-210.<ref name=LexisNexisStudy>[http://www.lexisnexis.com/lawschool/study/outlines/html/contracts/contracts18.htm Chapter 18: Assignment and Delegation]. LexisNexis study outline.</ref> For example, UCC §2-210 states the following:<ref>[https://www.law.cornell.edu/ucc/2/2-210 Uniform Commercial Code § 2-210. Delegation of Performance; Assignment of Rights].</ref>
{{cquote|Unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his entire obligation can be assigned despite agreementotherwise [sic].}}

Equipment Lease Agreements typically contain language prohibiting the lessee from assigning the [[lease]] to a third party. For example, "You have no right to sell, transfer, assign, sublease, or encumber the equipment or this agreement" protects the Lessor’s [[Collateral (finance)|collateral]] and credit [[underwriting]] guidelines in the event the lessee ever wants to transfer the lease to another party. However, it is possible to assign the lease, but the new party (assignee) will be subject to the lessor’s credit evaluation process and approval. Even if the assignee is approved, the existing lessee’s (assignor’s) personal guarantee(s), if any, might not be released unless the assignee’s credit stature is extremely strong.