Assignment of Burdens

Abstract This chapter discusses the assignment of burdens in contracts, emphasizing the general rule that burdens cannot be transferred without the consent of all parties involved. It explains the principle that while benefits are assignable, burdens typically are not due to potential adverse consequences. The chapter then explores exceptions to this rule, such as the unpaid vendor’s lien, restrictive covenants on freehold land, leasehold obligations, and conditional benefits tied to contract rights. Through various case examples, the chapter illustrates how certain obligations may transfer when linked to benefits and the conditions under which burdens can pass with rights. Finally, the chapter concludes by addressing the complexities of applying these principles in different legal contexts, emphasizing the importance of clear intention in contractual relationships.