Q&As

Can a party assign the benefit of an agreement where the agreement is silent about obtaining the consent of the other party?

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Published on LexisPSL on 17/12/2019

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Can a party assign the benefit of an agreement where the agreement is silent about obtaining the consent of the other party?

An assignment is ‘an immediate transfer of an existing proprietary right, vested or contingent from one party to another’. The default position is that in the absence of an express provision either prohibiting or conditionalising the assignment of rights, the benefit under a contract can be assigned.

Where a cont

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