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This Practice Note considers assigning contracts (transferring contracts): what amounts to a valid assignment of a contract, what can be assigned, when a contract can be assigned, how to assign a contract, by law and in equity, whether consent to an assignment is required, what defences remain where a benefit in a contract is assigned to a third party and how to challenge assignments. It also includes consideration of the assignment of receivables.

For guidance on common contract assignment scenarios, see Practice Note: Assigning contracts—common scenarios and considerations.

For guidance on the key practical and commercial considerations when assigning contracts, see Practice Note: How to assign rights under a contract.

Note also that when discussing assigning contractual rights, reference may also be made to assigning ‘Chose in action’ in the sense that the benefit of a contract has been held to be a chose in action.