Assignment in Florida Law
An assignment is the transfer of contractual rights, property interests, or legal claims from an assignor to an assignee. Florida law generally favors the free assignability of contract rights, subject to specific contractual or legal restrictions.
Assignability Rules
Florida presumes that contractual rights are assignable unless restricted by the contract itself, by statute, or by the nature of the obligation. Anti-assignment clauses are enforceable in Florida but are strictly construed. A clause requiring consent to assignment is typically interpreted to mean that consent cannot be unreasonably withheld unless the clause expressly grants absolute discretion.
Effect of Assignment
A valid Florida assignment transfers the assignor's rights to the assignee, who can enforce them directly against the obligor. The obligor must perform for the assignee once notified of the assignment. If the assignor also delegates duties, the assignor remains liable under the original contract unless a novation releases them.
Related Terms
Barnes Walker Business Law
Barnes Walker structures assignments and contract transfers for Florida businesses. Contact us for transactional guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC