What is the Difference Between Assignment and Delegation?

The main difference between assignment and delegation lies in the transfer of responsibility and accountability in a contract. Here are the key distinctions between the two:

Assignment:

1. Assignment refers to the transfer of the rights and duties of a contract to another party.
2. The consent of the third party contracting is not necessary in an assignment.
3. The assignee has the right to sue the obligor, and the obligor has the same defenses against the assignee as those against the assignor.
4. Payment by the obligor to the assignor is effective until the obligor knows of the assignment.
5. A modification agreement between the obligor and the assignor is also effective if the obligor did not know of the assignment.

Delegation:

1. Delegation is the process by which the responsibility and authority for performing a task or activity are transferred to another person.
2. The person to whom the task is transferred must accept that authority and responsibility.
3. The liability falls to the party delegating the obligation to another party.
4. The delegatee only has an obligation to the obligee when consideration, or some form of payment, is received from the delegating party.

In summary, an assignment involves transferring the rights and duties of a contract to another party, while delegation focuses on transferring the responsibility and authority for performing a task or activity to another person. Assignment does not require the consent of the third party, whereas delegation does. The consequences of assignment include the right to sue and defenses against the assignee, while the liability in delegation falls to the delegating party.

Comparative Table: Assignment vs Delegation

The main difference between assignment and delegation lies in the transfer of responsibility and authority. Here is a table comparing the two concepts:

In summary, assignment involves transferring rights and duties in a contract, while delegation involves giving someone the responsibility and authority to perform a task.