Contract Law - Difference between an assignment and novation

Many people confuse the concept of assignment and novation. Assignment merely transfers the benefits while novation transfers both the benefits and the obligations.
Disclaimer:
Nothing on this channel constitutes legal advice or gives rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to specific circumstances. The contents of this channel are for general information purposes only. Whilst we endeavour to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission. We shall not be liable for any damage (including, without limitation, damage for loss of business or loss of profits) arising in contract, tort or otherwise from the use of, or inability to use, this channel or any material contained in it, or from any action or decision taken as a result of using this site or any such material.

Пікірлер: 23

  • @lilychang3916
    @lilychang39169 ай бұрын

    This video beats my 4 hour lectures, thanks! :)

  • @Angel-gn2on
    @Angel-gn2on4 жыл бұрын

    Very helpful, thanks for sharing!

  • @shanenetshidzini5980
    @shanenetshidzini59802 жыл бұрын

    simple and clear,thanks

  • @ariobarzan6025
    @ariobarzan6025 Жыл бұрын

    Amazing thank you ❤

  • @phillipfoster4580
    @phillipfoster45802 жыл бұрын

    Thank you, this was very helpful

  • @paidagam4396
    @paidagam43963 жыл бұрын

    So helpful. Thank you

  • @lavocatlawsingapore1807

    @lavocatlawsingapore1807

    3 жыл бұрын

    where are you from ?

  • @muhammedvujoothi2407
    @muhammedvujoothi24072 жыл бұрын

    assumption: party A and part B bound with contract. if party C bound with party A by replacing party B through novation agreement, contractual relationship still alive between part A & part B? plz calrify

  • @nazeerahamed3497
    @nazeerahamed34974 жыл бұрын

    Thank you

  • @Become.corporate.lawyer
    @Become.corporate.lawyer Жыл бұрын

    Thanks a lot

  • @MgtowRubicon
    @MgtowRubicon2 жыл бұрын

    What if the contract has specific assignment clauses, such as this lease example: "ASSIGNMENT BY LESSEE: Lessee may assign or pledge this Lease, or obtain a replacement for Lessee with the written consent of Lessor. Lessor shall not unreasonably withhold or delay consent. Upon allowable assignment under this clause, Lessee is released from liabilities and obligations, and assignee assumes those liabilities and obligations. The rights and obligations of Lessor under this Lease shall survive assignment by Lessee. ASSIGNMENT BY LESSOR: Lessor may assign or pledge this Lease without the written approval of Lessee. Said approval is not required when assignment is implied by conveyance of Property title or by assignment of beneficial interest in a Land Trust that holds legal and equitable title to Property (e.g., sale of Property). Upon allowable assignment under this clause, Lessor is entirely released from liabilities and obligations, and assignee assumes those liabilities and obligations. The rights and obligations of Lessee under this Lease shall survive assignment by Lessor." Is something like that sufficient to transfer the assignor's liabilities and obligations to the assignee?

  • @timothystarks5053
    @timothystarks5053 Жыл бұрын

    Thank you....

  • @russcali4138
    @russcali41382 жыл бұрын

    great video

  • @mybigdiary7332
    @mybigdiary73323 жыл бұрын

    very very very good !!!!!

  • @lavocatlawsingapore1807

    @lavocatlawsingapore1807

    3 жыл бұрын

    Thanks where are you from ?

  • @caiphasmutata9837
    @caiphasmutata983711 ай бұрын

    Very helpful. How about cession agreements, how do they differ from assignment and novation?

  • @anubhutigupta1123

    @anubhutigupta1123

    7 ай бұрын

    Don’t know if you are still looking for an answer but… cessation or termination agreements are a different concept than assignment and notation. As in termination may involve/ lead to assignment but not necessarily so. So, take for example, a company (A) was providing some services (say, software maintenance service) to another company (B). Then, A decides to appoint its subsidiary (S) to do the job instead of doing the job. Then, A, B and S may sign a novation agreement wherein all software maintenance services will be provided by S instead of A and B consents for the same. This novation will be pursuant to a cessation/ termination agreement between A and B wherein A will cease to provide the services to B from a certain date. The termination and novation agreement can be clubbed under one agreement which says that A will cease its services to B from a particular date and that S will start providing services from that date. Also, all obligations pursuant to the services before the date are I be fulfilled by A and thereafter (from the date onwards), all rights and obligations will be undertaken by B. Hope this helps!

  • @caiphasmutata9837

    @caiphasmutata9837

    7 ай бұрын

    @@anubhutigupta1123 Thank you so much for the detailed response. However my question was on the difference of CESSION (from the word cede) from novation and assignment, NOT CESSATION.

  • @sookkhuan1587
    @sookkhuan15872 жыл бұрын

    Hi , How To prepare Assign The TA to new owner?

  • @seabreaze4243
    @seabreaze4243 Жыл бұрын

    What is a "Blanket" assignment ?

  • @MikeRivers23
    @MikeRivers233 жыл бұрын

    Can you draft a novation agreement for me?

  • @MA-hn2jb
    @MA-hn2jb3 жыл бұрын

    😊