As a business owner or individual, a breach of contract for the sale of goods can be a frustrating and costly experience. Thankfully, the law provides a mechanism for recovering damages for such a breach. What`s even better, is that those rights can be transferred to another party through an assignment.
An assignment is a legal term that refers to the transfer of a right or property from one person to another. In the context of a breach of contract, an assignment allows the original party to transfer their right to recover damages from the offender to another person or entity. This can be useful in situations where the original party does not have the resources or desire to pursue legal action but wants to ensure that the party responsible for the breach is held accountable.
Under the Uniform Commercial Code (UCC), a sale of goods contract is subject to specific rules and regulations. The UCC allows for the assignment of the right to receive damages for a breach of contract for goods. This means that if you purchase goods from a seller and they breach the contract by failing to deliver the goods, you have the right to recover damages. You can then assign that right to another party, such as a lawyer or collections agency, who can pursue legal action on your behalf.
It`s important to note that not all contracts for the sale of goods are subject to the UCC. The UCC only applies to contracts where the primary purpose of the agreement is the sale of goods. If the contract includes other services or provisions, it may not fall under the UCC. In these cases, you`ll need to consult with an attorney to determine your rights and options for assignment.
When assigning the right to recover damages for a breach of contract, it`s important to follow the proper legal procedures. The assignment must be in writing and signed by the assigning party. The other party to the contract must also be notified of the assignment. Failure to follow these procedures can invalidate the assignment and prevent you from recovering damages.
In conclusion, a right to receive damages on a breach of a contract for a sale of goods may be assigned. The UCC provides specific rules and regulations for assigning these rights, making it easier for business owners and individuals to recover damages from a breach of contract. If you`re facing a breach of contract situation, it`s important to consult with an attorney to determine your rights and options for recovering damages through an assignment.