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assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

Founded in 1939, our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm.

14.1: Assignment of Contract Rights

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LEARNING OBJECTIVES

Understand what an assignment is and how it is made.
Recognize the effect of the assignment.
Know when assignments are not allowed.
Understand the concept of assignor’s warranties.

The Concept of a Contract Assignment

Contracts create rights and duties. By an assignment , an obligee (one who has the right to receive a contract benefit) transfers a right to receive a contract benefit owed by the obligor (the one who has a duty to perform) to a third person ( assignee ); the obligee then becomes an assignor (one who makes an assignment).

The Restatement (Second) of Contracts defines an assignment of a right as “a manifestation of the assignor’s intention to transfer it by virtue of which the assignor’s right to performance by the obligor is extinguished in whole or in part and the assignee acquires the right to such performance.”Restatement (Second) of Contracts, Section 317(1). The one who makes the assignment is both an obligee and a transferor. The assignee acquires the right to receive the contractual obligations of the promisor, who is referred to as the obligor (see Figure 14.1 "Assignment of Rights" ). The assignor may assign any right unless (1) doing so would materially change the obligation of the obligor, materially burden him, increase his risk, or otherwise diminish the value to him of the original contract; (2) statute or public policy forbids the assignment; or (3) the contract itself precludes assignment. The common law of contracts and Articles 2 and 9 of the Uniform Commercial Code (UCC) govern assignments. Assignments are an important part of business financing, such as factoring. A factor is one who purchases the right to receive income from another.

Figure 14.1 Assignment of Rights

Method of Assignment

Manifesting assent.

To effect an assignment, the assignor must make known his intention to transfer the rights to the third person. The assignor’s intention must be that the assignment is effective without need of any further action or any further manifestation of intention to make the assignment. In other words, the assignor must intend and understand himself to be making the assignment then and there; he is not promising to make the assignment sometime in the future.

Under the UCC, any assignments of rights in excess of $5,000 must be in writing, but otherwise, assignments can be oral and consideration is not required: the assignor could assign the right to the assignee for nothing (not likely in commercial transactions, of course). Mrs. Franklin has the right to receive $750 a month from the sale of a house she formerly owned; she assigns the right to receive the money to her son Jason, as a gift. The assignment is good, though such a gratuitous assignment is usually revocable, which is not the case where consideration has been paid for an assignment.

Acceptance and Revocation

For the assignment to become effective, the assignee must manifest his acceptance under most circumstances. This is done automatically when, as is usually the case, the assignee has given consideration for the assignment (i.e., there is a contract between the assignor and the assignee in which the assignment is the assignor’s consideration), and then the assignment is not revocable without the assignee’s consent. Problems of acceptance normally arise only when the assignor intends the assignment as a gift. Then, for the assignment to be irrevocable, either the assignee must manifest his acceptance or the assignor must notify the assignee in writing of the assignment.

Notice to the obligor is not required, but an obligor who renders performance to the assignor without notice of the assignment (that performance of the contract is to be rendered now to the assignee) is discharged. Obviously, the assignor cannot then keep the consideration he has received; he owes it to the assignee. But if notice is given to the obligor and she performs to the assignor anyway, the assignee can recover from either the obligor or the assignee, so the obligor could have to perform twice, as in Exercise 2 at the chapter’s end, Aldana v. Colonial Palms Plaza . Of course, an obligor who receives notice of the assignment from the assignee will want to be sure the assignment has really occurred. After all, anybody could waltz up to the obligor and say, “I’m the assignee of your contract with the bank. From now on, pay me the $500 a month, not the bank.” The obligor is entitled to verification of the assignment.

Effect of Assignment

General rule.

An assignment of rights effectively makes the assignee stand in the shoes of the assignor. He gains all the rights against the obligor that the assignor had, but no more. An obligor who could avoid the assignor’s attempt to enforce the rights could avoid a similar attempt by the assignee. Likewise, under UCC Section 9-318(1), the assignee of an account is subject to all terms of the contract between the debtor and the creditor-assignor. Suppose Dealer sells a car to Buyer on a contract where Buyer is to pay $300 per month and the car is warranted for 50,000 miles. If the car goes on the fritz before then and Dealer won’t fix it, Buyer could fix it for, say, $250 and deduct that $250 from the amount owed Dealer on the next installment (called a setoff). Now, if Dealer assigns the contract to Assignee, Assignee stands in Dealer’s shoes, and Buyer could likewise deduct the $250 from payment to Assignee.

The “shoe rule” does not apply to two types of assignments. First, it is inapplicable to the sale of a negotiable instrument to a holder in due course. Second, the rule may be waived: under the UCC and at common law, the obligor may agree in the original contract not to raise defenses against the assignee that could have been raised against the assignor.Uniform Commercial Code, Section 9-206. While a waiver of defenses makes the assignment more marketable from the assignee’s point of view, it is a situation fraught with peril to an obligor, who may sign a contract without understanding the full import of the waiver. Under the waiver rule, for example, a farmer who buys a tractor on credit and discovers later that it does not work would still be required to pay a credit company that purchased the contract; his defense that the merchandise was shoddy would be unavailing (he would, as used to be said, be “having to pay on a dead horse”).

For that reason, there are various rules that limit both the holder in due course and the waiver rule. Certain defenses, the so-called real defenses (infancy, duress, and fraud in the execution, among others), may always be asserted. Also, the waiver clause in the contract must have been presented in good faith, and if the assignee has actual notice of a defense that the buyer or lessee could raise, then the waiver is ineffective. Moreover, in consumer transactions, the UCC’s rule is subject to state laws that protect consumers (people buying things used primarily for personal, family, or household purposes), and many states, by statute or court decision, have made waivers of defenses ineffective in such consumer transactions . Federal Trade Commission regulations also affect the ability of many sellers to pass on rights to assignees free of defenses that buyers could raise against them. Because of these various limitations on the holder in due course and on waivers, the “shoe rule” will not govern in consumer transactions and, if there are real defenses or the assignee does not act in good faith, in business transactions as well.

When Assignments Are Not Allowed

The general rule—as previously noted—is that most contract rights are assignable. But there are exceptions. Five of them are noted here.

Material Change in Duties of the Obligor

When an assignment has the effect of materially changing the duties that the obligor must perform, it is ineffective. Changing the party to whom the obligor must make a payment is not a material change of duty that will defeat an assignment, since that, of course, is the purpose behind most assignments. Nor will a minor change in the duties the obligor must perform defeat the assignment.

Several residents in the town of Centerville sign up on an annual basis with the Centerville Times to receive their morning paper. A customer who is moving out of town may assign his right to receive the paper to someone else within the delivery route. As long as the assignee pays for the paper, the assignment is effective; the only relationship the obligor has to the assignee is a routine delivery in exchange for payment. Obligors can consent in the original contract, however, to a subsequent assignment of duties. Here is a clause from the World Team Tennis League contract: “It is mutually agreed that the Club shall have the right to sell, assign, trade and transfer this contract to another Club in the League, and the Player agrees to accept and be bound by such sale, exchange, assignment or transfer and to faithfully perform and carry out his or her obligations under this contract as if it had been entered into by the Player and such other Club.” Consent is not necessary when the contract does not involve a personal relationship.

Assignment of Personal Rights

When it matters to the obligor who receives the benefit of his duty to perform under the contract, then the receipt of the benefit is a personal right that cannot be assigned. For example, a student seeking to earn pocket money during the school year signs up to do research work for a professor she admires and with whom she is friendly. The professor assigns the contract to one of his colleagues with whom the student does not get along. The assignment is ineffective because it matters to the student (the obligor) who the person of the assignee is. An insurance company provides auto insurance covering Mohammed Kareem, a sixty-five-year-old man who drives very carefully. Kareem cannot assign the contract to his seventeen-year-old grandson because it matters to the insurance company who the person of its insured is. Tenants usually cannot assign (sublet) their tenancies without the landlord’s permission because it matters to the landlord who the person of their tenant is. Section 14.4.1 "Nonassignable Rights" , Nassau Hotel Co. v. Barnett & Barse Corp. , is an example of the nonassignability of a personal right.

Assignment Forbidden by Statute or Public Policy

Various federal and state laws prohibit or regulate some contract assignment. The assignment of future wages is regulated by state and federal law to protect people from improvidently denying themselves future income because of immediate present financial difficulties. And even in the absence of statute, public policy might prohibit some assignments.

Contracts That Prohibit Assignment

Assignability of contract rights is useful, and prohibitions against it are not generally favored. Many contracts contain general language that prohibits assignment of rights or of “the contract.” Both the Restatement and UCC Section 2-210(3) declare that in the absence of any contrary circumstances, a provision in the agreement that prohibits assigning “the contract” bars “only the delegation to the assignee of the assignor’s performance.”Restatement (Second) of Contracts, Section 322. In other words, unless the contract specifically prohibits assignment of any of its terms, a party is free to assign anything except his or her own duties.

Even if a contractual provision explicitly prohibits it, a right to damages for breach of the whole contract is assignable under UCC Section 2-210(2) in contracts for goods. Likewise, UCC Section 9-318(4) invalidates any contract provision that prohibits assigning sums already due or to become due. Indeed, in some states, at common law, a clause specifically prohibiting assignment will fail. For example, the buyer and the seller agree to the sale of land and to a provision barring assignment of the rights under the contract. The buyer pays the full price, but the seller refuses to convey. The buyer then assigns to her friend the right to obtain title to the land from the seller. The latter’s objection that the contract precludes such an assignment will fall on deaf ears in some states; the assignment is effective, and the friend may sue for the title.

Future Contracts

The law distinguishes between assigning future rights under an existing contract and assigning rights that will arise from a future contract. Rights contingent on a future event can be assigned in exactly the same manner as existing rights, as long as the contingent rights are already incorporated in a contract. Ben has a long-standing deal with his neighbor, Mrs. Robinson, to keep the latter’s walk clear of snow at twenty dollars a snowfall. Ben is saving his money for a new printer, but when he is eighty dollars shy of the purchase price, he becomes impatient and cajoles a friend into loaning him the balance. In return, Ben assigns his friend the earnings from the next four snowfalls. The assignment is effective. However, a right that will arise from a future contract cannot be the subject of a present assignment.

Partial Assignments

An assignor may assign part of a contractual right, but only if the obligor can perform that part of his contractual obligation separately from the remainder of his obligation. Assignment of part of a payment due is always enforceable. However, if the obligor objects, neither the assignor nor the assignee may sue him unless both are party to the suit. Mrs. Robinson owes Ben one hundred dollars. Ben assigns fifty dollars of that sum to his friend. Mrs. Robinson is perplexed by this assignment and refuses to pay until the situation is explained to her satisfaction. The friend brings suit against Mrs. Robinson. The court cannot hear the case unless Ben is also a party to the suit. This ensures all parties to the dispute are present at once and avoids multiple lawsuits.

Successive Assignments

It may happen that an assignor assigns the same interest twice (see Figure 14.2 "Successive Assignments" ). With certain exceptions, the first assignee takes precedence over any subsequent assignee. One obvious exception is when the first assignment is ineffective or revocable. A subsequent assignment has the effect of revoking a prior assignment that is ineffective or revocable. Another exception: if in good faith the subsequent assignee gives consideration for the assignment and has no knowledge of the prior assignment, he takes precedence whenever he obtains payment from, performance from, or a judgment against the obligor, or whenever he receives some tangible evidence from the assignor that the right has been assigned (e.g., a bank deposit book or an insurance policy).

Some states follow the different English rule: the first assignee to give notice to the obligor has priority, regardless of the order in which the assignments were made. Furthermore, if the assignment falls within the filing requirements of UCC Article 9 (see Chapter 22 "Secured Transactions and Suretyship" ), the first assignee to file will prevail.

Figure 14.2 Successive Assignments

Assignor’s Warranties

An assignor has legal responsibilities in making assignments. He cannot blithely assign the same interests pell-mell and escape liability. Unless the contract explicitly states to the contrary, a person who assigns a right for value makes certain assignor’s warranties to the assignee: that he will not upset the assignment, that he has the right to make it, and that there are no defenses that will defeat it. However, the assignor does not guarantee payment; assignment does not by itself amount to a warranty that the obligor is solvent or will perform as agreed in the original contract. Mrs. Robinson owes Ben fifty dollars. Ben assigns this sum to his friend. Before the friend collects, Ben releases Mrs. Robinson from her obligation. The friend may sue Ben for the fifty dollars. Or again, if Ben represents to his friend that Mrs. Robinson owes him (Ben) fifty dollars and assigns his friend that amount, but in fact Mrs. Robinson does not owe Ben that much, then Ben has breached his assignor’s warranty. The assignor’s warranties may be express or implied.

KEY TAKEAWAY

Generally, it is OK for an obligee to assign the right to receive contractual performance from the obligor to a third party. The effect of the assignment is to make the assignee stand in the shoes of the assignor, taking all the latter’s rights and all the defenses against nonperformance that the obligor might raise against the assignor. But the obligor may agree in advance to waive defenses against the assignee, unless such waiver is prohibited by law.

There are some exceptions to the rule that contract rights are assignable. Some, such as personal rights, are not circumstances where the obligor’s duties would materially change, cases where assignability is forbidden by statute or public policy, or, with some limits, cases where the contract itself prohibits assignment. Partial assignments and successive assignments can happen, and rules govern the resolution of problems arising from them.

When the assignor makes the assignment, that person makes certain warranties, express or implied, to the assignee, basically to the effect that the assignment is good and the assignor knows of no reason why the assignee will not get performance from the obligor.

If Able makes a valid assignment to Baker of his contract to receive monthly rental payments from Tenant, how is Baker’s right different from what Able’s was?
Able made a valid assignment to Baker of his contract to receive monthly purchase payments from Carr, who bought an automobile from Able. The car had a 180-day warranty, but the car malfunctioned within that time. Able had quit the auto business entirely. May Carr withhold payments from Baker to offset the cost of needed repairs?
Assume in the case in Exercise 2 that Baker knew Able was selling defective cars just before his (Able’s) withdrawal from the auto business. How, if at all, does that change Baker’s rights?
Why are leases generally not assignable? Why are insurance contracts not assignable?

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Assign is the act of transferring rights , property , or other benefits to another party (the assignee ) from the party who holds such benefits under contract (the assignor). This concept is used in both contract and property law .

Contract Law

Under contract law, when one party assigns a contract , the assignment represents both: (1) an assignment of rights; and (2) a delegation of duties .

For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.
Here, A has both: (1) assigned A’s rights under the contract to the $50; and (2) delegated A’s duty to teach guitar, to C.
In this example, A is both the “assignor” and the “delegee” who delegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the assignee who is owed duties and is liable to the obligor.

Assigning of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.

First, if an individual has not yet secured the contract to perform duties to another, they cannot assign their future right to an assignee.

That is, if A has not yet contracted with B to teach B guitar, A cannot assign their rights to C.

Second, rights cannot be assigned when they materially change the obligor’s duty and rights.

Third, the obligor can sue the assignee directly if the assignee does not pay them.

Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor. It can only be delegated if the promised performance is more commonplace. Further, an obligee can sue if the assignee does not perform. However, the delegee is secondarily liable unless there has been an express release of the delegee.

Meaning if B does want C to teach guitar but C refuses to, then B can sue C. If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor. If novation occurs, then the original obligor’s duties are wiped out. Novation requires an original obligee’s consent .

Property Law

Under property law , assignment typically arises in landlord-tenant situations.

For example, A might be renting from landlord B but wants another party (C) to take over the property.
In this scenario, A might choose between assigning and subleasing the property to C.
If assigning , A would give C the entire balance of the term , with no reversion to anyone; whereas if subleasing , A would give C the property for a limited period of the remaining term.
Under assignment, C would have privity of estate with the landlord while under a sublease, C would not.

[Last updated in June of 2022 by the Wex Definitions Team ]

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Assignment Clause

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Assignment clause defined.

Assignment clauses are legally binding provisions in contracts that give a party the chance to engage in a transfer of ownership or assign their contractual obligations and rights to a different contracting party.

In other words, an assignment clause can reassign contracts to another party. They can commonly be seen in contracts related to business purchases.

Here’s an article about assignment clauses.

Assignment Clause Explained

Assignment contracts are helpful when you need to maintain an ongoing obligation regardless of ownership. Some agreements have limitations or prohibitions on assignments, while other parties can freely enter into them.

Here’s another article about assignment clauses.

Purpose of Assignment Clause

The purpose of assignment clauses is to establish the terms around transferring contractual obligations. The Uniform Commercial Code (UCC) permits the enforceability of assignment clauses.

Assignment Clause Examples

Examples of assignment clauses include:

Example 1 . A business closing or a change of control occurs
Example 2 . New services providers taking over existing customer contracts
Example 3 . Unique real estate obligations transferring to a new property owner as a condition of sale
Example 4 . Many mergers and acquisitions transactions, such as insurance companies taking over customer policies during a merger

Here’s an article about the different types of assignment clauses.

Assignment Clause Samples

Sample 1 – sales contract.

Assignment; Survival . Neither party shall assign all or any portion of the Contract without the other party’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that either party may, without such consent, assign this Agreement, in whole or in part, in connection with the transfer or sale of all or substantially all of the assets or business of such Party relating to the product(s) to which this Agreement relates. The Contract shall bind and inure to the benefit of the successors and permitted assigns of the respective parties. Any assignment or transfer not in accordance with this Contract shall be void. In order that the parties may fully exercise their rights and perform their obligations arising under the Contract, any provisions of the Contract that are required to ensure such exercise or performance (including any obligation accrued as of the termination date) shall survive the termination of the Contract.

Reference :

Security Exchange Commission - Edgar Database, EX-10.29 3 dex1029.htm SALES CONTRACT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1492426/000119312510226984/dex1029.htm >.

Sample 2 – Purchase and Sale Agreement

Assignment . Purchaser shall not assign this Agreement or any interest therein to any Person, without the prior written consent of Seller, which consent may be withheld in Seller’s sole discretion. Notwithstanding the foregoing, upon prior written notice to Seller, Purchaser may designate any Affiliate as its nominee to receive title to the Property, or assign all of its right, title and interest in this Agreement to any Affiliate of Purchaser by providing written notice to Seller no later than five (5) Business Days prior to the Closing; provided, however, that (a) such Affiliate remains an Affiliate of Purchaser, (b) Purchaser shall not be released from any of its liabilities and obligations under this Agreement by reason of such designation or assignment, (c) such designation or assignment shall not be effective until Purchaser has provided Seller with a fully executed copy of such designation or assignment and assumption instrument, which shall (i) provide that Purchaser and such designee or assignee shall be jointly and severally liable for all liabilities and obligations of Purchaser under this Agreement, (ii) provide that Purchaser and its designee or assignee agree to pay any additional transfer tax as a result of such designation or assignment, (iii) include a representation and warranty in favor of Seller that all representations and warranties made by Purchaser in this Agreement are true and correct with respect to such designee or assignee as of the date of such designation or assignment, and will be true and correct as of the Closing, and (iv) otherwise be in form and substance satisfactory to Seller and (d) such Assignee is approved by Manager as an assignee of the Management Agreement under Article X of the Management Agreement. For purposes of this Section 16.4, “Affiliate” shall include any direct or indirect member or shareholder of the Person in question, in addition to any Person that would be deemed an Affiliate pursuant to the definition of “Affiliate” under Section 1.1 hereof and not by way of limitation of such definition.

Security Exchange Commission - Edgar Database, EX-10.8 3 dex108.htm PURCHASE AND SALE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1490985/000119312510160407/dex108.htm >.

Sample 3 – Share Purchase Agreement

Assignment . Neither this Agreement nor any right or obligation hereunder may be assigned by any Party without the prior written consent of the other Parties, and any attempted assignment without the required consents shall be void.

Security Exchange Commission - Edgar Database, EX-4.12 3 dex412.htm SHARE PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1329394/000119312507148404/dex412.htm >.

Sample 4 – Asset Purchase Agreement

Assignment . This Agreement and any of the rights, interests, or obligations incurred hereunder, in part or as a whole, at any time after the Closing, are freely assignable by Buyer. This Agreement and any of the rights, interests, or obligations incurred hereunder, in part or as a whole, are assignable by Seller only upon the prior written consent of Buyer, which consent shall not be unreasonably withheld. This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Security Exchange Commission - Edgar Database, EX-2.1 2 dex21.htm ASSET PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1428669/000119312510013625/dex21.htm >.

Sample 5 – Asset Purchase Agreement

Assignment; Binding Effect; Severability

This Agreement may not be assigned by any party hereto without the other party’s written consent; provided, that Buyer may transfer or assign in whole or in part to one or more Buyer Designee its right to purchase all or a portion of the Purchased Assets, but no such transfer or assignment will relieve Buyer of its obligations hereunder. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the successors, legal representatives and permitted assigns of each party hereto. The provisions of this Agreement are severable, and in the event that any one or more provisions are deemed illegal or unenforceable the remaining provisions shall remain in full force and effect unless the deletion of such provision shall cause this Agreement to become materially adverse to either party, in which event the parties shall use reasonable commercial efforts to arrive at an accommodation that best preserves for the parties the benefits and obligations of the offending provision.

Security Exchange Commission - Edgar Database, EX-2.4 2 dex24.htm ASSET PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1002047/000119312511171858/dex24.htm >.

Common Contracts with Assignment Clauses

Common contracts with assignment clauses include:

Real estate contracts
Sales contract
Asset purchase agreement
Purchase and sale agreement
Bill of sale
Assignment and transaction financing agreement

Assignment Clause FAQs

Assignment clauses are powerful when used correctly. Check out the assignment clause FAQs below to learn more:

What is an assignment clause in real estate?

Assignment clauses in real estate transfer legal obligations from one owner to another party. They also allow house flippers to engage in a contract negotiation with a seller and then assign the real estate to the buyer while collecting a fee for their services. Real estate lawyers assist in the drafting of assignment clauses in real estate transactions.

What does no assignment clause mean?

No assignment clauses prohibit the transfer or assignment of contract obligations from one part to another.

What’s the purpose of the transfer and assignment clause in the purchase agreement?

The purpose of the transfer and assignment clause in the purchase agreement is to protect all involved parties’ rights and ensure that assignments are not to be unreasonably withheld. Contract lawyers can help you avoid legal mistakes when drafting your business contracts’ transfer and assignment clauses.

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Understanding an assignment and assumption agreement

Need to assign your rights and duties under a contract? Learn more about the basics of an assignment and assumption agreement.

Get your assignment of agreement

by Belle Wong, J.D.

Belle Wong, is a freelance writer specializing in small business, personal finance, banking, and tech/SAAS. She ...

The assignment and assumption agreement

The basics of assignment and assumption, filling in the assignment and assumption agreement.

While every business should try its best to meet its contractual obligations, changes in circumstance can happen that could necessitate transferring your rights and duties under a contract to another party who would be better able to meet those obligations.

Person presenting documents to another person who is signing them

If you find yourself in such a situation, and your contract provides for the possibility of assignment, an assignment and assumption agreement can be a good option for preserving your relationship with the party you initially contracted with, while at the same time enabling you to pass on your contractual rights and duties to a third party.

An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract. The party making the assignment is called the assignor, while the third party accepting the assignment is known as the assignee.

In order for an assignment and assumption agreement to be valid, the following criteria need to be met:

The initial contract must provide for the possibility of assignment by one of the initial contracting parties.
The assignor must agree to assign their rights and duties under the contract to the assignee.
The assignee must agree to accept, or "assume," those contractual rights and duties.
The other party to the initial contract must consent to the transfer of rights and obligations to the assignee.

A standard assignment and assumption contract is often a good starting point if you need to enter into an assignment and assumption agreement. However, for more complex situations, such as an assignment and amendment agreement in which several of the initial contract terms will be modified, or where only some, but not all, rights and duties will be assigned, it's a good idea to retain the services of an attorney who can help you draft an agreement that will meet all your needs.

When you're ready to enter into an assignment and assumption agreement, it's a good idea to have a firm grasp of the basics of assignment:

First, carefully read and understand the assignment and assumption provision in the initial contract. Contracts vary widely in their language on this topic, and each contract will have specific criteria that must be met in order for a valid assignment of rights to take place.
All parties to the agreement should carefully review the document to make sure they each know what they're agreeing to, and to help ensure that all important terms and conditions have been addressed in the agreement.
Until the agreement is signed by all the parties involved, the assignor will still be obligated for all responsibilities stated in the initial contract. If you are the assignor, you need to ensure that you continue with business as usual until the assignment and assumption agreement has been properly executed.

Unless you're dealing with a complex assignment situation, working with a template often is a good way to begin drafting an assignment and assumption agreement that will meet your needs. Generally speaking, your agreement should include the following information:

Identification of the existing agreement, including details such as the date it was signed and the parties involved, and the parties' rights to assign under this initial agreement
The effective date of the assignment and assumption agreement
Identification of the party making the assignment (the assignor), and a statement of their desire to assign their rights under the initial contract
Identification of the third party accepting the assignment (the assignee), and a statement of their acceptance of the assignment
Identification of the other initial party to the contract, and a statement of their consent to the assignment and assumption agreement
A section stating that the initial contract is continued; meaning, that, other than the change to the parties involved, all terms and conditions in the original contract stay the same

In addition to these sections that are specific to an assignment and assumption agreement, your contract should also include standard contract language, such as clauses about indemnification, future amendments, and governing law.

Sometimes circumstances change, and as a business owner you may find yourself needing to assign your rights and duties under a contract to another party. A properly drafted assignment and assumption agreement can help you make the transfer smoothly while, at the same time, preserving the cordiality of your initial business relationship under the original contract.

Contract Assignments

(This may not be the same place you live)

What is a Contract Assignment?

In a contract assignment, one of the two parties to a contract may transfer their right to the other’s performance to a third party. This is known as “contract assignment.” Generally, all rights under a contract may be assigned. A provision in the contract that states the contract may not be assigned usually refers to the delegation of the assignor’s (person who assigns) duties under that contract, not their rights under the contract.

In modern law, the phrase “assignment of contract” usually means assignment of both rights and duties under a contract.

Who are the Various Parties Involved in a Contract Assignment?

How is a contract assignment created, when is a contract assignment prohibited, which parties are liable to each other in a contract assignment, are there issues with multiple assignments, should i hire a lawyer for contract assignments.

In a contract, there are two parties to the agreement, X and Y. The parties may agree to let X assign X’s rights to a third party . Once the third party enters the picture, each party has a special name. For instance, suppose X, a seller of bookmarks, contracts with Y, a purchaser of bookmarks. Y desires to have Y’s right to X’s performance (the sale of bookmarks on a monthly basis) to another person.

This third person, Z, is called the assignee. X is called the obligor , and Y is called the assignor , since Y has assigned its right to X’s performance . X, the obligor, is obligated to continue to perform its duties under the agreement.

There are no “magic words” needed to create an assignment. The law simply requires that the would-be assignor have an intent to immediately and completely transfer their rights in the agreement. In addition, writing is typically not required to create an assignment. As long as X and Y both adequately understand what right is being assigned, an assignment is created.

Words that indicate a transfer is to take place suffice, such as “I intend to transfer my rights under this agreement,” or, “I intend to give my rights to Z,” or “I intend to confer an assignment on Z.” In addition,consideration,which is a bargained-for exchange required for a contract to be valid, is not required for assignment.

In certain instances, an assignment of contract rights can be prohibited. If the contract contains a clause prohibiting assignment of “the contract,” without specifying more, the law construes this language as barring only delegation of the assignor’s duties, not their rights. If the assignment language states “assignment of contractual rights are prohibited,” the obligor may sue for damages if the assignor attempts to assign the agreement. If the contract language states that attempts to assign “will be void,” the parties can bar assignment.of rights.

Under modern contract law, the phrase “I assign the contract” is usually interpreted to mean that one is assigning rights and duties. What is an assignment of duties? An assignment of duties occurs where Y, called the obligor or delegator, promises to perform for X, the obligee. Y then delegates their duty to perform to Z, the delegate. Under the law, most duties can be delegated.

There are exceptions to this rule. Delegation can be prohibited when:

The duties to be performed involve personal judgment and special skill (e.g., a portrait, creation of a custom-made dress).
“Personal judgment” is the exercise of some kind of superior judgment when it comes to determining how, when, or where to do something. Examples of individuals who exercise personal judgment include talent scouts and financial advisors. Special skill is the unique ability to create a good or perform a service. A delegator can be prohibited from delegating duties when it is that specific delegator’s services are sought. For example, if the services of a specific famous chef are sought, and the original agreement was entered into on the understanding that the chef was hired for their specific talent, the delegator may not delegate the services;
The assignment fundamentally changes risks or responsibilities under the agreement;
The assignment is over future rights associated with a future contract that does not currently exist;
Delegation would increase the obligation of the obligee. For example, if a shoe manufacturer contracts to deliver soles to a store in the same town as the shoe factory, the other party cannot assign the delivery to a different store in another state. Doing so would impose a greater obligation on the obligee than was originally contemplated;
The obligee had placed special trust in the delegator. For example, assume that you have hired a patent attorney, based on that attorney’s significant skill and expertise, to obtain a valuable patent. You have placed special trust in this person, hiring them instead of other patent attorneys, because of their unique expertise. In such a situation, the attorney may not delegate his duties to another attorney (delegate), since the attorney was hired because of one person’s special capabilities;
The delegation is of a promise to repay a debt; or
The contract itself restricts or prohibits delegation. If the contract states, “any attempt to delegate duties under this contract is void,” a delegation will not be permitted.

In a contract involving assignment of rights, the assignee may sue the obligor. This is because the assignee, once the assignee has been assigned rights, is entitled to performance under the contract. If the obligor had a defense that existed in the original contract between obligor and assignor, the obligor may assert that defense against the assignee. Examples of such defenses include the original contract was not valid because of lack of consideration, or because there was never a valid offer or acceptance).

An assignee may also sue an assignor. Generally, if an assignment is made for consideration,it is irrevocable. Assignments not made for consideration, but under which an obligor has already performed, are also irrevocable. If an assignor attempts to revoke an irrevocable assignment,the assignee may sue for “wrongful revocation.”

In circumstances involving delegation of duties,an obligee must accept performance from the delegate of all duties that may be delegated. The delegator remains liable on the agreement. Therefore, the obligee may sue the delegator for nonperformance by the delegate. The obligee may sue the delegate for nonperformance, but can only require the delegate to perform if there has been an assumption by the delegate. An assumption by the delegate is a promise that the delegate will perform the delegated duty, which promise is supported by consideration.

Assignments that are not supported by consideration are revocable. If an initial assignment is revocable, a subsequent assignment can revoke it. If a first assignment is irrevocable, because consideration was present,the first assignment will usually prevail over a subsequent assignment. This means the person who can claim the assignment was first made to them will prevail over someone who claims a subsequent assignment.

If, however, the second person paid value for the assignment, and entered into the assignment without knowing of the first assignment, the “subsequent”assignee is entitled to proceeds the first judgment against the obligor (the original party who still must perform), in the event such a judgment is issued,

If you have an issue with assignment of rights or duties under a contract, you should contact a contract lawyer for advice. An experienced business lawyer near you can review the facts of your case, advise you of your rights, and represent you in court proceedings.

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Assignment of Rights Contract Clauses (121)

Grouped into 3 collections of similar clauses from business contracts.

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Practical Law

Assessing Assignability: Transferring Contractual Rights or Obligations

Practical law legal update 5-546-6326 (approx. 7 pages).

An intended transfer is of the type that is prohibited by law or public policy (see Practice Note, Assignability of Commercial Contracts: Statutory and Public Policy Exceptions ).
The parties expressly agree to restrict transferability (see Practice Note, Assignability of Commercial Contracts: Contractual Anti-assignment and Anti-delegation Clauses ).
Breaching the contract.
Making an ineffective and invalid transfer.

Distinguishing Between Assignment and Delegation

The assignment of rights to receive performance.
The delegation of duties to perform.

Characteristics of Assignments

The right to receive performance from the assignor.
Its remedies against the assignor for any failure to perform.

Characteristics of Delegation

The general rule governing assignment and delegation.

Most assignments of contractual rights.
Many delegations of contractual performance.
Assignments and delegations that violate public policy or law.
Assignments of rights or delegations of performance that are personal in nature.
Contracts with anti-assignment or anti-delegation clauses.

Contracts That Present the Greatest Challenges

Personal services contracts (see Personal Services Contracts ).
Non-exclusive intellectual property licenses (see Intellectual Property Licenses ).
Contracts with anti-assignment and anti-delegation clauses (see Contracts With Anti-assignment and Anti-delegation Contract Clauses ).

Personal Services Contracts

Intellectual property licenses, contracts with anti-assignment and anti-delegation clauses, is a change of control an assignment.

Contains an anti-assignment and anti-delegation clause expressly restricting a change of control.
States that a change in management or equity ownership of the contracting party is deemed to be an assignment.

When Does an Involuntary Transfer Trigger a Restricted Transfer?

A contractual anti-assignment and anti delegation clause applies to a specific type or transfer.
The transfer is permissible, with or without a contractual anti-assignment and anti-delegation provision.

Drafting and Negotiating Anti-assignment and Anti-delegation Clauses

Directly addressing assignment of rights and delegation of performance.
Clarifying the universe of restricted transfers.
Designating the non-transferring party's consent rights.
Specifying any exceptions to non-transferability.
Requiring notification of a permitted transfer.
Including a declaration that impermissible transfers are void.
Adding a novation to the anti-assignment and anti-delegation provision.
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The Writing Center • University of North Carolina at Chapel Hill

Understanding Assignments

What this handout is about.

The first step in any successful college writing venture is reading the assignment. While this sounds like a simple task, it can be a tough one. This handout will help you unravel your assignment and begin to craft an effective response. Much of the following advice will involve translating typical assignment terms and practices into meaningful clues to the type of writing your instructor expects. See our short video for more tips.

Basic beginnings

Regardless of the assignment, department, or instructor, adopting these two habits will serve you well :

Read the assignment carefully as soon as you receive it. Do not put this task off—reading the assignment at the beginning will save you time, stress, and problems later. An assignment can look pretty straightforward at first, particularly if the instructor has provided lots of information. That does not mean it will not take time and effort to complete; you may even have to learn a new skill to complete the assignment.
Ask the instructor about anything you do not understand. Do not hesitate to approach your instructor. Instructors would prefer to set you straight before you hand the paper in. That’s also when you will find their feedback most useful.

Assignment formats

Many assignments follow a basic format. Assignments often begin with an overview of the topic, include a central verb or verbs that describe the task, and offer some additional suggestions, questions, or prompts to get you started.

An Overview of Some Kind

The instructor might set the stage with some general discussion of the subject of the assignment, introduce the topic, or remind you of something pertinent that you have discussed in class. For example:

“Throughout history, gerbils have played a key role in politics,” or “In the last few weeks of class, we have focused on the evening wear of the housefly …”

The Task of the Assignment

Pay attention; this part tells you what to do when you write the paper. Look for the key verb or verbs in the sentence. Words like analyze, summarize, or compare direct you to think about your topic in a certain way. Also pay attention to words such as how, what, when, where, and why; these words guide your attention toward specific information. (See the section in this handout titled “Key Terms” for more information.)

“Analyze the effect that gerbils had on the Russian Revolution”, or “Suggest an interpretation of housefly undergarments that differs from Darwin’s.”

Additional Material to Think about

Here you will find some questions to use as springboards as you begin to think about the topic. Instructors usually include these questions as suggestions rather than requirements. Do not feel compelled to answer every question unless the instructor asks you to do so. Pay attention to the order of the questions. Sometimes they suggest the thinking process your instructor imagines you will need to follow to begin thinking about the topic.

“You may wish to consider the differing views held by Communist gerbils vs. Monarchist gerbils, or Can there be such a thing as ‘the housefly garment industry’ or is it just a home-based craft?”

These are the instructor’s comments about writing expectations:

“Be concise”, “Write effectively”, or “Argue furiously.”

Technical Details

These instructions usually indicate format rules or guidelines.

“Your paper must be typed in Palatino font on gray paper and must not exceed 600 pages. It is due on the anniversary of Mao Tse-tung’s death.”

The assignment’s parts may not appear in exactly this order, and each part may be very long or really short. Nonetheless, being aware of this standard pattern can help you understand what your instructor wants you to do.

Interpreting the assignment

Ask yourself a few basic questions as you read and jot down the answers on the assignment sheet:

Why did your instructor ask you to do this particular task?

Who is your audience.

What kind of evidence do you need to support your ideas?

What kind of writing style is acceptable?

What are the absolute rules of the paper?

Try to look at the question from the point of view of the instructor. Recognize that your instructor has a reason for giving you this assignment and for giving it to you at a particular point in the semester. In every assignment, the instructor has a challenge for you. This challenge could be anything from demonstrating an ability to think clearly to demonstrating an ability to use the library. See the assignment not as a vague suggestion of what to do but as an opportunity to show that you can handle the course material as directed. Paper assignments give you more than a topic to discuss—they ask you to do something with the topic. Keep reminding yourself of that. Be careful to avoid the other extreme as well: do not read more into the assignment than what is there.

Of course, your instructor has given you an assignment so that they will be able to assess your understanding of the course material and give you an appropriate grade. But there is more to it than that. Your instructor has tried to design a learning experience of some kind. Your instructor wants you to think about something in a particular way for a particular reason. If you read the course description at the beginning of your syllabus, review the assigned readings, and consider the assignment itself, you may begin to see the plan, purpose, or approach to the subject matter that your instructor has created for you. If you still aren’t sure of the assignment’s goals, try asking the instructor. For help with this, see our handout on getting feedback .

Given your instructor’s efforts, it helps to answer the question: What is my purpose in completing this assignment? Is it to gather research from a variety of outside sources and present a coherent picture? Is it to take material I have been learning in class and apply it to a new situation? Is it to prove a point one way or another? Key words from the assignment can help you figure this out. Look for key terms in the form of active verbs that tell you what to do.

Key Terms: Finding Those Active Verbs

Here are some common key words and definitions to help you think about assignment terms:

Information words Ask you to demonstrate what you know about the subject, such as who, what, when, where, how, and why.

define —give the subject’s meaning (according to someone or something). Sometimes you have to give more than one view on the subject’s meaning
describe —provide details about the subject by answering question words (such as who, what, when, where, how, and why); you might also give details related to the five senses (what you see, hear, feel, taste, and smell)
explain —give reasons why or examples of how something happened
illustrate —give descriptive examples of the subject and show how each is connected with the subject
summarize —briefly list the important ideas you learned about the subject
trace —outline how something has changed or developed from an earlier time to its current form
research —gather material from outside sources about the subject, often with the implication or requirement that you will analyze what you have found

Relation words Ask you to demonstrate how things are connected.

compare —show how two or more things are similar (and, sometimes, different)
contrast —show how two or more things are dissimilar
apply—use details that you’ve been given to demonstrate how an idea, theory, or concept works in a particular situation
cause —show how one event or series of events made something else happen
relate —show or describe the connections between things

Interpretation words Ask you to defend ideas of your own about the subject. Do not see these words as requesting opinion alone (unless the assignment specifically says so), but as requiring opinion that is supported by concrete evidence. Remember examples, principles, definitions, or concepts from class or research and use them in your interpretation.

assess —summarize your opinion of the subject and measure it against something
prove, justify —give reasons or examples to demonstrate how or why something is the truth
evaluate, respond —state your opinion of the subject as good, bad, or some combination of the two, with examples and reasons
support —give reasons or evidence for something you believe (be sure to state clearly what it is that you believe)
synthesize —put two or more things together that have not been put together in class or in your readings before; do not just summarize one and then the other and say that they are similar or different—you must provide a reason for putting them together that runs all the way through the paper
analyze —determine how individual parts create or relate to the whole, figure out how something works, what it might mean, or why it is important
argue —take a side and defend it with evidence against the other side

More Clues to Your Purpose As you read the assignment, think about what the teacher does in class:

What kinds of textbooks or coursepack did your instructor choose for the course—ones that provide background information, explain theories or perspectives, or argue a point of view?
In lecture, does your instructor ask your opinion, try to prove their point of view, or use keywords that show up again in the assignment?
What kinds of assignments are typical in this discipline? Social science classes often expect more research. Humanities classes thrive on interpretation and analysis.
How do the assignments, readings, and lectures work together in the course? Instructors spend time designing courses, sometimes even arguing with their peers about the most effective course materials. Figuring out the overall design to the course will help you understand what each assignment is meant to achieve.

Now, what about your reader? Most undergraduates think of their audience as the instructor. True, your instructor is a good person to keep in mind as you write. But for the purposes of a good paper, think of your audience as someone like your roommate: smart enough to understand a clear, logical argument, but not someone who already knows exactly what is going on in your particular paper. Remember, even if the instructor knows everything there is to know about your paper topic, they still have to read your paper and assess your understanding. In other words, teach the material to your reader.

Aiming a paper at your audience happens in two ways: you make decisions about the tone and the level of information you want to convey.

Tone means the “voice” of your paper. Should you be chatty, formal, or objective? Usually you will find some happy medium—you do not want to alienate your reader by sounding condescending or superior, but you do not want to, um, like, totally wig on the man, you know? Eschew ostentatious erudition: some students think the way to sound academic is to use big words. Be careful—you can sound ridiculous, especially if you use the wrong big words.
The level of information you use depends on who you think your audience is. If you imagine your audience as your instructor and they already know everything you have to say, you may find yourself leaving out key information that can cause your argument to be unconvincing and illogical. But you do not have to explain every single word or issue. If you are telling your roommate what happened on your favorite science fiction TV show last night, you do not say, “First a dark-haired white man of average height, wearing a suit and carrying a flashlight, walked into the room. Then a purple alien with fifteen arms and at least three eyes turned around. Then the man smiled slightly. In the background, you could hear a clock ticking. The room was fairly dark and had at least two windows that I saw.” You also do not say, “This guy found some aliens. The end.” Find some balance of useful details that support your main point.

You’ll find a much more detailed discussion of these concepts in our handout on audience .

The Grim Truth

With a few exceptions (including some lab and ethnography reports), you are probably being asked to make an argument. You must convince your audience. It is easy to forget this aim when you are researching and writing; as you become involved in your subject matter, you may become enmeshed in the details and focus on learning or simply telling the information you have found. You need to do more than just repeat what you have read. Your writing should have a point, and you should be able to say it in a sentence. Sometimes instructors call this sentence a “thesis” or a “claim.”

So, if your instructor tells you to write about some aspect of oral hygiene, you do not want to just list: “First, you brush your teeth with a soft brush and some peanut butter. Then, you floss with unwaxed, bologna-flavored string. Finally, gargle with bourbon.” Instead, you could say, “Of all the oral cleaning methods, sandblasting removes the most plaque. Therefore it should be recommended by the American Dental Association.” Or, “From an aesthetic perspective, moldy teeth can be quite charming. However, their joys are short-lived.”

Convincing the reader of your argument is the goal of academic writing. It doesn’t have to say “argument” anywhere in the assignment for you to need one. Look at the assignment and think about what kind of argument you could make about it instead of just seeing it as a checklist of information you have to present. For help with understanding the role of argument in academic writing, see our handout on argument .

What kind of evidence do you need?

There are many kinds of evidence, and what type of evidence will work for your assignment can depend on several factors–the discipline, the parameters of the assignment, and your instructor’s preference. Should you use statistics? Historical examples? Do you need to conduct your own experiment? Can you rely on personal experience? See our handout on evidence for suggestions on how to use evidence appropriately.

Make sure you are clear about this part of the assignment, because your use of evidence will be crucial in writing a successful paper. You are not just learning how to argue; you are learning how to argue with specific types of materials and ideas. Ask your instructor what counts as acceptable evidence. You can also ask a librarian for help. No matter what kind of evidence you use, be sure to cite it correctly—see the UNC Libraries citation tutorial .

You cannot always tell from the assignment just what sort of writing style your instructor expects. The instructor may be really laid back in class but still expect you to sound formal in writing. Or the instructor may be fairly formal in class and ask you to write a reflection paper where you need to use “I” and speak from your own experience.

Try to avoid false associations of a particular field with a style (“art historians like wacky creativity,” or “political scientists are boring and just give facts”) and look instead to the types of readings you have been given in class. No one expects you to write like Plato—just use the readings as a guide for what is standard or preferable to your instructor. When in doubt, ask your instructor about the level of formality they expect.

No matter what field you are writing for or what facts you are including, if you do not write so that your reader can understand your main idea, you have wasted your time. So make clarity your main goal. For specific help with style, see our handout on style .

Technical details about the assignment

The technical information you are given in an assignment always seems like the easy part. This section can actually give you lots of little hints about approaching the task. Find out if elements such as page length and citation format (see the UNC Libraries citation tutorial ) are negotiable. Some professors do not have strong preferences as long as you are consistent and fully answer the assignment. Some professors are very specific and will deduct big points for deviations.

Usually, the page length tells you something important: The instructor thinks the size of the paper is appropriate to the assignment’s parameters. In plain English, your instructor is telling you how many pages it should take for you to answer the question as fully as you are expected to. So if an assignment is two pages long, you cannot pad your paper with examples or reword your main idea several times. Hit your one point early, defend it with the clearest example, and finish quickly. If an assignment is ten pages long, you can be more complex in your main points and examples—and if you can only produce five pages for that assignment, you need to see someone for help—as soon as possible.

Tricks that don’t work

Your instructors are not fooled when you:

spend more time on the cover page than the essay —graphics, cool binders, and cute titles are no replacement for a well-written paper.
use huge fonts, wide margins, or extra spacing to pad the page length —these tricks are immediately obvious to the eye. Most instructors use the same word processor you do. They know what’s possible. Such tactics are especially damning when the instructor has a stack of 60 papers to grade and yours is the only one that low-flying airplane pilots could read.
use a paper from another class that covered “sort of similar” material . Again, the instructor has a particular task for you to fulfill in the assignment that usually relates to course material and lectures. Your other paper may not cover this material, and turning in the same paper for more than one course may constitute an Honor Code violation . Ask the instructor—it can’t hurt.
get all wacky and “creative” before you answer the question . Showing that you are able to think beyond the boundaries of a simple assignment can be good, but you must do what the assignment calls for first. Again, check with your instructor. A humorous tone can be refreshing for someone grading a stack of papers, but it will not get you a good grade if you have not fulfilled the task.

Critical reading of assignments leads to skills in other types of reading and writing. If you get good at figuring out what the real goals of assignments are, you are going to be better at understanding the goals of all of your classes and fields of study.

You may reproduce it for non-commercial use if you use the entire handout and attribute the source: The Writing Center, University of North Carolina at Chapel Hill

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Definition of assignment

task , duty , job , chore , stint , assignment mean a piece of work to be done.

task implies work imposed by a person in authority or an employer or by circumstance.

duty implies an obligation to perform or responsibility for performance.

job applies to a piece of work voluntarily performed; it may sometimes suggest difficulty or importance.

chore implies a minor routine activity necessary for maintaining a household or farm.

stint implies a carefully allotted or measured quantity of assigned work or service.

assignment implies a definite limited task assigned by one in authority.

Examples of assignment in a Sentence

These examples are programmatically compiled from various online sources to illustrate current usage of the word 'assignment.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

Word History

see assign entry 1

14th century, in the meaning defined at sense 1

Phrases Containing assignment

self - assignment

Dictionary Entries Near assignment

Cite this entry.

“Assignment.” Merriam-Webster.com Dictionary , Merriam-Webster, https://www.merriam-webster.com/dictionary/assignment. Accessed 7 May. 2024.

Legal Definition

Legal definition of assignment, more from merriam-webster on assignment.

Nglish: Translation of assignment for Spanish Speakers

Britannica English: Translation of assignment for Arabic Speakers

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Assignment of Copyrights & Legal Implications

Copyright gives authors a bundle of personal property or economic rights in an original work of authorship. These rights include the rights to reproduce, create derivative works, distribute work to the public, publicly perform a work, publicly display visual works, and digitally transmit sound records. They belong exclusively to a copyright holder.

Usually, the copyright holder is the person who created the work. However, any of these economic rights, or any part of these economic rights, can be transferred. Under the Visual Artists Rights Act (VARA), an artist’s moral rights in a work of fine art can be waived but not assigned.

An original owner who assigns their copyright to someone else will not retain any right to control how the work is used.

The transfer of economic rights may be on an exclusive basis, which requires a written agreement, or a non-exclusive basis, which does not require a written agreement. Most commonly, this transfer is accomplished by assignment or license. Unlike a license in which the copyright owner maintains their ownership, an assignment is similar to a sale. The original copyright owner sells the rights to a third party and cannot control how the rights are used, just as they would not be able to control how personal property that they sold was used once it was transferred.

Generally, a license is preferable if a copyright holder expects to continue exercising interests and control over the work. For example, if you assign your copyright in a song to a music producer, the decision about whether to allow a film studio to use your song in a film will belong to the producer, not to you. If you license your copyright in a song in a limited capacity to a music producer, however, you will continue to be able to license your copyright in the song to a film producer.

Assignments can be used for many different purposes, such as security for debt, as an asset passed to heirs, or as part of the distribution of assets after a bankruptcy proceeding. Once you assign your rights to somebody else, however, you are permanently giving away your right to control the work. That means if you try to exercise any of the rights you have assigned, you are committing copyright infringement even though you created the work. If you assign your copyright to somebody else and regret the loss, you may be able to buy your copyright back from that person, but whether or not to sell it back to you is up to the assignee.

How Is Copyright Assigned?

Under Section 204 , a transfer of ownership is only valid if the instrument, note, or memorandum of transfer is in writing, signed by the copyright owner or their duly authorized agent. Generally, a certificate of acknowledgment is not required for the transfer to be valid, but it can be used as prima facie evidence that a transfer was executed if it is issued by someone authorized to administer oaths in the United States or, if the transfer is executed abroad, if the certificate is issued by a United States diplomatic or consular official, or a person authorized to administer oaths who also provides a certificate.

Formally recording an assignment with the Copyright Office is not required but can be advantageous.

You do not have to record an assignment in order to assign the interest. However, there are advantages to recording the assignment, such as creating a public record of the transfer details, giving constructive notice to members of the public, establishing priority of rights when there are conflicting transfers of ownership, validating the transfer of the copyright against a third party, or in some cases perfecting a security interest.

Last reviewed October 2023

Intellectual Property Law Center Contents

Intellectual Property Law Center
Copyright Infringement & Related Lawsuits
Copyright Ownership Under the Law
Assignment of Copyrights & Legal Implications
Copyright Licensing Under the Law
Copyright Registration Under the Law
Safe Harbors for Online Service Providers Under Copyright Law
Criminal Copyright Infringement Laws
Enforcement of Copyrights Through Lawsuits & Criminal Charges
Fair Use Defense to Copyright Infringement Lawsuits
Software Development Agreements & Related Legal Concerns
End-User License Agreements Imposing Legal Restrictions on Software
Lists, Directories, and Databases Under Copyright Law
Photos of Buildings and Architecture Under Copyright Law
Photos of Copyrighted or Trademarked Works & the Fair Use Defense to Infringement Lawsuits
Works in the Public Domain After Copyrights Legally Expire
Copyrights and Credits for Songwriters Under the Law
Music Samples and Copyright Infringement Lawsuits
Playing Music in Stores or Restaurants — How to Avoid Copyright Infringement Lawsuits
Consignment Sales by Artists to Stores & Legal Protections
Destruction of Copyrighted Works & Limited Legal Protections
Copyright Legal Forms
Trademark Law
Trade Secret Law
Choosing Among Patent, Copyright, and Trademark for Legal Protection
Intellectual Property Law FAQs
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Assignment: Definition in Finance, How It Works, and Examples

Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader. Besides his extensive derivative trading expertise, Adam is an expert in economics and behavioral finance. Adam received his master's in economics from The New School for Social Research and his Ph.D. from the University of Wisconsin-Madison in sociology. He is a CFA charterholder as well as holding FINRA Series 7, 55 & 63 licenses. He currently researches and teaches economic sociology and the social studies of finance at the Hebrew University in Jerusalem.

Yarilet Perez is an experienced multimedia journalist and fact-checker with a Master of Science in Journalism. She has worked in multiple cities covering breaking news, politics, education, and more. Her expertise is in personal finance and investing, and real estate.

What Is an Assignment?

Assignment most often refers to one of two definitions in the financial world:

The transfer of an individual's rights or property to another person or business. This concept exists in a variety of business transactions and is often spelled out contractually.
In trading, assignment occurs when an option contract is exercised. The owner of the contract exercises the contract and assigns the option writer to an obligation to complete the requirements of the contract.

Key Takeaways

Assignment is a transfer of rights or property from one party to another.
Options assignments occur when option buyers exercise their rights to a position in a security.
Other examples of assignments can be found in wages, mortgages, and leases.

Uses For Assignments

Assignment refers to the transfer of some or all property rights and obligations associated with an asset, property, contract, or other asset of value. to another entity through a written agreement.

Assignment rights happen every day in many different situations. A payee, like a utility or a merchant, assigns the right to collect payment from a written check to a bank. A merchant can assign the funds from a line of credit to a manufacturing third party that makes a product that the merchant will eventually sell. A trademark owner can transfer, sell, or give another person interest in the trademark or logo. A homeowner who sells their house assigns the deed to the new buyer.

To be effective, an assignment must involve parties with legal capacity, consideration, consent, and legality of the object.

A wage assignment is a forced payment of an obligation by automatic withholding from an employee’s pay. Courts issue wage assignments for people late with child or spousal support, taxes, loans, or other obligations. Money is automatically subtracted from a worker's paycheck without consent if they have a history of nonpayment. For example, a person delinquent on $100 monthly loan payments has a wage assignment deducting the money from their paycheck and sent to the lender. Wage assignments are helpful in paying back long-term debts.

Another instance can be found in a mortgage assignment. This is where a mortgage deed gives a lender interest in a mortgaged property in return for payments received. Lenders often sell mortgages to third parties, such as other lenders. A mortgage assignment document clarifies the assignment of contract and instructs the borrower in making future mortgage payments, and potentially modifies the mortgage terms.

A final example involves a lease assignment. This benefits a relocating tenant wanting to end a lease early or a landlord looking for rent payments to pay creditors. Once the new tenant signs the lease, taking over responsibility for rent payments and other obligations, the previous tenant is released from those responsibilities. In a separate lease assignment, a landlord agrees to pay a creditor through an assignment of rent due under rental property leases. The agreement is used to pay a mortgage lender if the landlord defaults on the loan or files for bankruptcy . Any rental income would then be paid directly to the lender.

Options Assignment

Options can be assigned when a buyer decides to exercise their right to buy (or sell) stock at a particular strike price . The corresponding seller of the option is not determined when a buyer opens an option trade, but only at the time that an option holder decides to exercise their right to buy stock. So an option seller with open positions is matched with the exercising buyer via automated lottery. The randomly selected seller is then assigned to fulfill the buyer's rights. This is known as an option assignment.

Once assigned, the writer (seller) of the option will have the obligation to sell (if a call option ) or buy (if a put option ) the designated number of shares of stock at the agreed-upon price (the strike price). For instance, if the writer sold calls they would be obligated to sell the stock, and the process is often referred to as having the stock called away . For puts, the buyer of the option sells stock (puts stock shares) to the writer in the form of a short-sold position.

Suppose a trader owns 100 call options on company ABC's stock with a strike price of $10 per share. The stock is now trading at $30 and ABC is due to pay a dividend shortly. As a result, the trader exercises the options early and receives 10,000 shares of ABC paid at $10. At the same time, the other side of the long call (the short call) is assigned the contract and must deliver the shares to the long.

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Home » Assignment – Types, Examples and Writing Guide

Assignment – Types, Examples and Writing Guide

Table of Contents

Definition:

Assignment is a task given to students by a teacher or professor, usually as a means of assessing their understanding and application of course material. Assignments can take various forms, including essays, research papers, presentations, problem sets, lab reports, and more.

Assignments are typically designed to be completed outside of class time and may require independent research, critical thinking, and analysis. They are often graded and used as a significant component of a student’s overall course grade. The instructions for an assignment usually specify the goals, requirements, and deadlines for completion, and students are expected to meet these criteria to earn a good grade.

History of Assignment

The use of assignments as a tool for teaching and learning has been a part of education for centuries. Following is a brief history of the Assignment.

Ancient Times: Assignments such as writing exercises, recitations, and memorization tasks were used to reinforce learning.
Medieval Period : Universities began to develop the concept of the assignment, with students completing essays, commentaries, and translations to demonstrate their knowledge and understanding of the subject matter.
19th Century : With the growth of schools and universities, assignments became more widespread and were used to assess student progress and achievement.
20th Century: The rise of distance education and online learning led to the further development of assignments as an integral part of the educational process.
Present Day: Assignments continue to be used in a variety of educational settings and are seen as an effective way to promote student learning and assess student achievement. The nature and format of assignments continue to evolve in response to changing educational needs and technological innovations.

Types of Assignment

Here are some of the most common types of assignments:

An essay is a piece of writing that presents an argument, analysis, or interpretation of a topic or question. It usually consists of an introduction, body paragraphs, and a conclusion.

Essay structure:

Introduction : introduces the topic and thesis statement
Body paragraphs : each paragraph presents a different argument or idea, with evidence and analysis to support it
Conclusion : summarizes the key points and reiterates the thesis statement

Research paper

A research paper involves gathering and analyzing information on a particular topic, and presenting the findings in a well-structured, documented paper. It usually involves conducting original research, collecting data, and presenting it in a clear, organized manner.

Research paper structure:

Title page : includes the title of the paper, author’s name, date, and institution
Abstract : summarizes the paper’s main points and conclusions
Introduction : provides background information on the topic and research question
Literature review: summarizes previous research on the topic
Methodology : explains how the research was conducted
Results : presents the findings of the research
Discussion : interprets the results and draws conclusions
Conclusion : summarizes the key findings and implications

A case study involves analyzing a real-life situation, problem or issue, and presenting a solution or recommendations based on the analysis. It often involves extensive research, data analysis, and critical thinking.

Case study structure:

Introduction : introduces the case study and its purpose
Background : provides context and background information on the case
Analysis : examines the key issues and problems in the case
Solution/recommendations: proposes solutions or recommendations based on the analysis
Conclusion: Summarize the key points and implications

A lab report is a scientific document that summarizes the results of a laboratory experiment or research project. It typically includes an introduction, methodology, results, discussion, and conclusion.

Lab report structure:

Title page : includes the title of the experiment, author’s name, date, and institution
Abstract : summarizes the purpose, methodology, and results of the experiment
Methods : explains how the experiment was conducted
Results : presents the findings of the experiment

Presentation

A presentation involves delivering information, data or findings to an audience, often with the use of visual aids such as slides, charts, or diagrams. It requires clear communication skills, good organization, and effective use of technology.

Presentation structure:

Introduction : introduces the topic and purpose of the presentation
Body : presents the main points, findings, or data, with the help of visual aids
Conclusion : summarizes the key points and provides a closing statement

Creative Project

A creative project is an assignment that requires students to produce something original, such as a painting, sculpture, video, or creative writing piece. It allows students to demonstrate their creativity and artistic skills.

Creative project structure:

Introduction : introduces the project and its purpose
Body : presents the creative work, with explanations or descriptions as needed
Conclusion : summarizes the key elements and reflects on the creative process.

Examples of Assignments

Following are Examples of Assignment templates samples:

Essay template:

I. Introduction

Hook: Grab the reader’s attention with a catchy opening sentence.
Background: Provide some context or background information on the topic.
Thesis statement: State the main argument or point of your essay.

II. Body paragraphs

Topic sentence: Introduce the main idea or argument of the paragraph.
Evidence: Provide evidence or examples to support your point.
Analysis: Explain how the evidence supports your argument.
Transition: Use a transition sentence to lead into the next paragraph.

III. Conclusion

Restate thesis: Summarize your main argument or point.
Review key points: Summarize the main points you made in your essay.
Concluding thoughts: End with a final thought or call to action.

Research paper template:

I. Title page

Title: Give your paper a descriptive title.
Author: Include your name and institutional affiliation.
Date: Provide the date the paper was submitted.

II. Abstract

Background: Summarize the background and purpose of your research.
Methodology: Describe the methods you used to conduct your research.
Results: Summarize the main findings of your research.
Conclusion: Provide a brief summary of the implications and conclusions of your research.

III. Introduction

Background: Provide some background information on the topic.
Research question: State your research question or hypothesis.
Purpose: Explain the purpose of your research.

IV. Literature review

Background: Summarize previous research on the topic.
Gaps in research: Identify gaps or areas that need further research.

V. Methodology

Participants: Describe the participants in your study.
Procedure: Explain the procedure you used to conduct your research.
Measures: Describe the measures you used to collect data.

VI. Results

Quantitative results: Summarize the quantitative data you collected.
Qualitative results: Summarize the qualitative data you collected.

VII. Discussion

Interpretation: Interpret the results and explain what they mean.
Implications: Discuss the implications of your research.
Limitations: Identify any limitations or weaknesses of your research.

VIII. Conclusion

Review key points: Summarize the main points you made in your paper.

Case study template:

Background: Provide background information on the case.
Research question: State the research question or problem you are examining.
Purpose: Explain the purpose of the case study.

II. Analysis

Problem: Identify the main problem or issue in the case.
Factors: Describe the factors that contributed to the problem.
Alternative solutions: Describe potential solutions to the problem.

III. Solution/recommendations

Proposed solution: Describe the solution you are proposing.
Rationale: Explain why this solution is the best one.
Implementation: Describe how the solution can be implemented.

IV. Conclusion

Summary: Summarize the main points of your case study.

Lab report template:

Title: Give your report a descriptive title.
Date: Provide the date the report was submitted.
Background: Summarize the background and purpose of the experiment.
Methodology: Describe the methods you used to conduct the experiment.
Results: Summarize the main findings of the experiment.
Conclusion: Provide a brief summary of the implications and conclusions
Background: Provide some background information on the experiment.
Hypothesis: State your hypothesis or research question.
Purpose: Explain the purpose of the experiment.

IV. Materials and methods

Materials: List the materials and equipment used in the experiment.
Procedure: Describe the procedure you followed to conduct the experiment.
Data: Present the data you collected in tables or graphs.
Analysis: Analyze the data and describe the patterns or trends you observed.

VI. Discussion

Implications: Discuss the implications of your findings.
Limitations: Identify any limitations or weaknesses of the experiment.

VII. Conclusion

Restate hypothesis: Summarize your hypothesis or research question.
Review key points: Summarize the main points you made in your report.

Presentation template:

Attention grabber: Grab the audience’s attention with a catchy opening.
Purpose: Explain the purpose of your presentation.
Overview: Provide an overview of what you will cover in your presentation.

II. Main points

Main point 1: Present the first main point of your presentation.
Supporting details: Provide supporting details or evidence to support your point.
Main point 2: Present the second main point of your presentation.
Main point 3: Present the third main point of your presentation.
Summary: Summarize the main points of your presentation.
Call to action: End with a final thought or call to action.

Creative writing template:

Setting: Describe the setting of your story.
Characters: Introduce the main characters of your story.
Rising action: Introduce the conflict or problem in your story.
Climax: Present the most intense moment of the story.
Falling action: Resolve the conflict or problem in your story.
Resolution: Describe how the conflict or problem was resolved.
Final thoughts: End with a final thought or reflection on the story.

How to Write Assignment

Here is a general guide on how to write an assignment:

Understand the assignment prompt: Before you begin writing, make sure you understand what the assignment requires. Read the prompt carefully and make note of any specific requirements or guidelines.
Research and gather information: Depending on the type of assignment, you may need to do research to gather information to support your argument or points. Use credible sources such as academic journals, books, and reputable websites.
Organize your ideas : Once you have gathered all the necessary information, organize your ideas into a clear and logical structure. Consider creating an outline or diagram to help you visualize your ideas.
Write a draft: Begin writing your assignment using your organized ideas and research. Don’t worry too much about grammar or sentence structure at this point; the goal is to get your thoughts down on paper.
Revise and edit: After you have written a draft, revise and edit your work. Make sure your ideas are presented in a clear and concise manner, and that your sentences and paragraphs flow smoothly.
Proofread: Finally, proofread your work for spelling, grammar, and punctuation errors. It’s a good idea to have someone else read over your assignment as well to catch any mistakes you may have missed.
Submit your assignment : Once you are satisfied with your work, submit your assignment according to the instructions provided by your instructor or professor.

Applications of Assignment

Assignments have many applications across different fields and industries. Here are a few examples:

Education : Assignments are a common tool used in education to help students learn and demonstrate their knowledge. They can be used to assess a student’s understanding of a particular topic, to develop critical thinking skills, and to improve writing and research abilities.
Business : Assignments can be used in the business world to assess employee skills, to evaluate job performance, and to provide training opportunities. They can also be used to develop business plans, marketing strategies, and financial projections.
Journalism : Assignments are often used in journalism to produce news articles, features, and investigative reports. Journalists may be assigned to cover a particular event or topic, or to research and write a story on a specific subject.
Research : Assignments can be used in research to collect and analyze data, to conduct experiments, and to present findings in written or oral form. Researchers may be assigned to conduct research on a specific topic, to write a research paper, or to present their findings at a conference or seminar.
Government : Assignments can be used in government to develop policy proposals, to conduct research, and to analyze data. Government officials may be assigned to work on a specific project or to conduct research on a particular topic.
Non-profit organizations: Assignments can be used in non-profit organizations to develop fundraising strategies, to plan events, and to conduct research. Volunteers may be assigned to work on a specific project or to help with a particular task.

Purpose of Assignment

The purpose of an assignment varies depending on the context in which it is given. However, some common purposes of assignments include:

Assessing learning: Assignments are often used to assess a student’s understanding of a particular topic or concept. This allows educators to determine if a student has mastered the material or if they need additional support.
Developing skills: Assignments can be used to develop a wide range of skills, such as critical thinking, problem-solving, research, and communication. Assignments that require students to analyze and synthesize information can help to build these skills.
Encouraging creativity: Assignments can be designed to encourage students to be creative and think outside the box. This can help to foster innovation and original thinking.
Providing feedback : Assignments provide an opportunity for teachers to provide feedback to students on their progress and performance. Feedback can help students to understand where they need to improve and to develop a growth mindset.
Meeting learning objectives : Assignments can be designed to help students meet specific learning objectives or outcomes. For example, a writing assignment may be designed to help students improve their writing skills, while a research assignment may be designed to help students develop their research skills.

When to write Assignment

Assignments are typically given by instructors or professors as part of a course or academic program. The timing of when to write an assignment will depend on the specific requirements of the course or program, but in general, assignments should be completed within the timeframe specified by the instructor or program guidelines.

It is important to begin working on assignments as soon as possible to ensure enough time for research, writing, and revisions. Waiting until the last minute can result in rushed work and lower quality output.

It is also important to prioritize assignments based on their due dates and the amount of work required. This will help to manage time effectively and ensure that all assignments are completed on time.

In addition to assignments given by instructors or professors, there may be other situations where writing an assignment is necessary. For example, in the workplace, assignments may be given to complete a specific project or task. In these situations, it is important to establish clear deadlines and expectations to ensure that the assignment is completed on time and to a high standard.

Characteristics of Assignment

Here are some common characteristics of assignments:

Purpose : Assignments have a specific purpose, such as assessing knowledge or developing skills. They are designed to help students learn and achieve specific learning objectives.
Requirements: Assignments have specific requirements that must be met, such as a word count, format, or specific content. These requirements are usually provided by the instructor or professor.
Deadline: Assignments have a specific deadline for completion, which is usually set by the instructor or professor. It is important to meet the deadline to avoid penalties or lower grades.
Individual or group work: Assignments can be completed individually or as part of a group. Group assignments may require collaboration and communication with other group members.
Feedback : Assignments provide an opportunity for feedback from the instructor or professor. This feedback can help students to identify areas of improvement and to develop their skills.
Academic integrity: Assignments require academic integrity, which means that students must submit original work and avoid plagiarism. This includes citing sources properly and following ethical guidelines.
Learning outcomes : Assignments are designed to help students achieve specific learning outcomes. These outcomes are usually related to the course objectives and may include developing critical thinking skills, writing abilities, or subject-specific knowledge.

Advantages of Assignment

There are several advantages of assignment, including:

Helps in learning: Assignments help students to reinforce their learning and understanding of a particular topic. By completing assignments, students get to apply the concepts learned in class, which helps them to better understand and retain the information.
Develops critical thinking skills: Assignments often require students to think critically and analyze information in order to come up with a solution or answer. This helps to develop their critical thinking skills, which are important for success in many areas of life.
Encourages creativity: Assignments that require students to create something, such as a piece of writing or a project, can encourage creativity and innovation. This can help students to develop new ideas and perspectives, which can be beneficial in many areas of life.
Builds time-management skills: Assignments often come with deadlines, which can help students to develop time-management skills. Learning how to manage time effectively is an important skill that can help students to succeed in many areas of life.
Provides feedback: Assignments provide an opportunity for students to receive feedback on their work. This feedback can help students to identify areas where they need to improve and can help them to grow and develop.

Limitations of Assignment

There are also some limitations of assignments that should be considered, including:

Limited scope: Assignments are often limited in scope, and may not provide a comprehensive understanding of a particular topic. They may only cover a specific aspect of a topic, and may not provide a full picture of the subject matter.
Lack of engagement: Some assignments may not engage students in the learning process, particularly if they are repetitive or not challenging enough. This can lead to a lack of motivation and interest in the subject matter.
Time-consuming: Assignments can be time-consuming, particularly if they require a lot of research or writing. This can be a disadvantage for students who have other commitments, such as work or extracurricular activities.
Unreliable assessment: The assessment of assignments can be subjective and may not always accurately reflect a student’s understanding or abilities. The grading may be influenced by factors such as the instructor’s personal biases or the student’s writing style.
Lack of feedback : Although assignments can provide feedback, this feedback may not always be detailed or useful. Instructors may not have the time or resources to provide detailed feedback on every assignment, which can limit the value of the feedback that students receive.

About the author

Muhammad Hassan

Researcher, Academic Writer, Web developer

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Man or bear? Hypothetical question sparks conversation about women's safety

Women explain why they would feel safer encountering a bear in the forest than a man they didn't know. the hypothetical has sparked a broader discussion about why women fear men..

If you were alone in the woods, would you rather encounter a bear or a man? Answers to that hypothetical question have sparked a debate about why the vast majority say they would feel more comfortable choosing a bear.

The topic has been hotly discussed for weeks as men and women chimed in with their thoughts all over social media.

Screenshot HQ , a TikTok account, started the conversation, asking a group of women whether they would rather run into a man they didn't know or a bear in the forest. Out of the seven women interviewed for the piece, only one picked a man.

"Bear. Man is scary," one of the women responds.

A number of women echoed the responses given in the original video, writing in the comments that they, too, would pick a bear over a man. The hypothetical has people split, with some expressing their sadness over the state of the world and others cracking jokes. Some men were flabbergasted.

Here's what we know.

A bear is the safer choice, no doubt about it, many say

There were a lot of responses, more than 65,000, under the original post. Many wrote that they understood why the women would choose a bear.

"No one’s gonna ask me if I led the bear on or give me a pamphlet on bear attack prevention tips," @celestiallystunning wrote.

@Brennduhh wrote: "When I die leave my body in the woods, the wolves will be gentler than any man."

"I know a bear's intentions," another woman wrote. "I don't know a man's intentions. no matter how nice they are."

Other TikTok users took it one step further, posing the hypothetical question to loved ones. Meredith Steele, who goes by @babiesofsteele , asked her husband last week whether he would rather have their daughter encounter a bear or a man in the woods. Her husband said he "didn't like either option" but said he was leaning toward the bear.

"Maybe it's a friendly bear," he says.

Diana, another TikTok user , asked her sister-in-law what she would choose and was left speechless.

"I asked her the question, you know, just for giggles. She was like, 'You know, I would rather it be a bear because if the bear attacks me, and I make it out of the woods, everybody’s gonna believe me and have sympathy for me," she said. "But if a man attacks me and I make it out, I’m gonna spend my whole life trying to get people to believe me and have sympathy for me.'"

Bear vs. man debate stirs the pot, woman and some men at odds

The hypothetical has caused some tension, with some women arguing that men will never truly understand what it's like to be a woman or the inherent dangers at play.

Social media users answered this question for themselves, producing memes, spoken word poetry and skits in the days and weeks since.

So, what would you choose?

The Assignment with Audie Cornish

Each week on the assignment, host audie cornish pulls listeners out of their digital echo chambers to hear from the people whose lives intersect with the news cycle. from the sex work economy to the battle over what’s taught in classrooms, no topic is off the table. listen to the assignment every monday and thursday..

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When Mike Johnson worked with Democrats to pass Ukraine war funding, he knew it would enrage the extreme right-wing and threaten his speakership. So far, Johnson has survived the challenge to his job, and as Doug Heye puts it, “survival is strength.” Heye has worked for Republicans in the House and Senate and is a former communications director for the Republican National Committee. He’ll describe the tightrope Mike Johnson must walk in order lead House Republicans back to a majority in November.

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MLB Trade Rumors

Twins Designate Matt Bowman For Assignment

By Darragh McDonald | April 30, 2024 at 2:00pm CDT

The Twins announced that right-hander Jhoan Duran has been reinstated from the injured list, as had been reported on earlier this week. In a corresponding move, right-hander Matt Bowman has been designated for assignment.

Bowman, 33 next month, signed a minor league deal with the Twins in the offseason. He was added to the 40-man roster just over two weeks ago, after throwing six scoreless frames in Triple-A, and has since pitched 7 2/3 innings over five appearances in the majors.

He only allowed two earned runs in that time, which is why his earned run average looks nice right now at 2.35. However, the underlying metrics have been less impressive. He has six strikeouts and four walks, leading to respective rates of 19.4% and 12.9% thus far. His 57.9% ground ball rate is strong but he wasn’t going to maintain a .056 batting average on balls in play nor a 90.9% strand rate. That’s why his 5.64 FIP and 4.38 SIERA are much higher than his ERA in this small sample.

Since Bowman is out of options, the Twins had to remove him from the 40-man roster entirely in order to open an active roster spot for Duran. They will now have one week to trade Bowman or pass him through waivers. If the latter scenario were to come to pass, he has over three years of service time, giving him the right to reject an outright assignment and elect free agency instead. However, he doesn’t have five years of service, meaning he would have to forfeit the remainder of this $925K salary to return to the open market.

Elbow injuries, including Tommy John surgery, prevented Bowman from pitching in official game action from 2020 to 2022. He was able to return to the mound last year, tossing 58 2/3 innings for the Triple-A club of the Yankees with a 3.99 ERA. He struck out 22.6% of batters faced in that time while giving out walks at an 11.7% rate and getting grounders at an 51.9% clip. He also tossed four innings for the Yanks in the majors but was outrighted after the season, which allowed him to sign with the Twins.

12 Comments

What’s his assignment?

Free to a good home. Kidding on that of course, but lots being left out with regards to this guy last few days on this site. Something has been going on behind the scenes regarding him.

Team doesn’t just DFA a cheaply controlled, 26yo closer, who happens to dominate 2y straight, sit 100+mph, coming back from injury (now) or not who still has an option year.

no.. there has to be at least 1 serious wart with this guy. Twins fans might know, some hardcore fans of theirs.

Was wondering the same thing.. makes no sense to DFA this guy.

Who, Bowman? Are people reading this way different than I am?

Matt Bowman is a 4A reliever ever since Mike Matheny destroyed his arm from 2016-2017. He had bad peripheral numbers that were prime for regression

I watched the guy this year. Great break on his stuff. I think it just comes down to this – our bullpen is stacked. Justin Topa is due to finish rehab soon too.

Sure they do, it’s the entire point of the 40 man roster. The Twins used him to cover a short term need brought on when several of their MLB-ready relievers went on the DL at the same time. Instead of bringing up someone who was not ready they added a throw-away guy who they could try to pass back through waivers rather than risk losing someone younger they care about, like Festa for example.

Also, Bowman is not the guy you’re describing, which is why he was freely available last winter. He could definitely be an improvement for a lot of bad bullpens, so I expect he’ll be grabbed (Hello Chicago!) but better him than one of the youngsters they don’t want to start the clock on.

You do realize they are DFA-ing Bowman, not Duran, right?

I feel like Duran coming back is the bigger news for the headline.

I believe that’s called “Burying the lede.”

Man poor Matt Bomer………oh wait

Yankees have their Tonkin replacement.

San Francisco Giants News

Giants designate right-hander for assignment

The Giants announced Monday that they’ve designated right-hander Daulton Jefferies for assignment. His spot on the 40-man roster will go to right-handed pitching prospect Mason Black , whose previously reported promotion from Triple-A Sacramento is now official.

Jefferies, 28, went through two years of painstaking rehab to get back to the big leagues after undergoing both Tommy John surgery and thoracic outlet surgery. The former No. 37 overall draft pick’s Giants debut at the end of March was his first MLB appearance since May 2022 with the A’s.

Jefferies shined in Spring Training this year (2.57 ERA, 16-to-3 K/BB ratio in 14 innings) and has pitched quite well in four Triple-A appearances this season. In 18 1/3 frames with Sacramento, he’s notched a tidy 3.44 ERA while fanning 22.7% of his opponents against a sharp 6.7% walk rate.

However, in a pair of big league appearances, he’s lasted just 4 2/3 innings overall and been tagged for 13 runs (nine earned) on the strength of 14 hits (two homers) and a pair of walks. Jefferies has only fanned four of the 31 men he’s faced. He’s seen more than half the balls in play against him land for hits, which certainly hasn’t helped his cause, but he’s also paid the price for plenty of mistakes over the plate; in addition to the pair of homers, he’s surrendered six doubles and a triple.

Jefferies has had a fair bit of minor league success, but he’s yet to carry it over to the big leagues in a quartet of seasons where he’s seen mostly fleeting action. In 61 MLB frames, he carries an unsightly 6.64 earned run average, although his overall mark in six minor league seasons is nearly half that number, sitting at 3.88.

Injuries have played no small part in his struggles; the previously mentioned Tommy John surgery in 2022 was actually the second of his career, and he battled nerve issues in his elbow for nearly a year before finally being diagnosed with thoracic outlet symptom and undergoing that surgery.

The Giants will have a week to trade Jefferies, attempt to pass him through outright waivers or release him. He’s in his final minor league option season, so any team that acquires him would be able to send him to Triple-A without needing to expose him to waivers.

Jefferies has been outrighted once in the past, so even if he goes unclaimed on waivers, that prior outright assignment grants him the right to reject another outright assignment in favor of free agency.

This article first appeared on MLB Trade Rumors and was syndicated with permission.

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Assignment of Future Rights: Everything You Need to Know

An assignment of future rights is when a person transfers his/her contractual rights and obligations to someone else. 3 min read updated on January 01, 2024

An assignment of future rights is when a person transfers his/her contractual rights and obligations to someone else. This transfer completely confers all of the rights to receive benefits under the contract.

However, if at the time of the assignment there is only a mere possibility or expectation that a future right will arise, the assignment of the future interest will be invalid. The interest in the property assigned must exist and be vested at the time of the assignment. In order to make an assignment valid, the thing assigned must be the product, growth, or increase of property on which the assignor holds a present vested interest.

Money that has been substantially earned on a contract can be assigned. If the benefits, future earnings, or other future interest assigned has not yet accrued, or the assignor has not yet performed his/her part of the contract, the assignment may still be valid. Future earnings or crops may not be a mere possibility.

An owner of farmland may sell the crops that will grow on his own land but may not sell the crops that will grow on someone else’s land. Unless he has a present vested interest in that land of another. A right which is expected to arise in the future upon a contract which existed at the time of assignment can be assigned.
An anticipated future right under an executory contract can be assigned.
An assignment of wages made in reference to a contract of employment not in existence at the time of assignment is not valid.
An assignment of future wages where there is no contract for services is invalid.
A person can assign his/her earnings under an existing contract for service.
A contract to perform a personal skill cannot be assigned.
The money due on a contract involving personal skill or service or a confidential relationship can be assigned.
An assignment of future earnings from a certain employment or trade has been treated as an assignment of wages under an existing contract of employment. This is because the possibility of future earnings is coupled with an interest. There is the existence of a vested right.
Chose in action, except in torts, is assignable. a. A chose in action is the right to bring an action to recover a debt, money, or thing.

An assignment of wages to be earned in the future under an existing employment agreement, even though the employment is for an indefinite time, is not against public policy and is valid if made for valuable consideration, in good faith, and without fraud.

According to Restatement of the Law, Second, Contracts, “[a]n assignment of a right to payment expected to arise out of an existing employment or other continuing business relationship is effective in the same way as an assignment of an existing right.”

However, “a purported assignment of a right expected to arise under a contract not in existence, operates only as a promise to assign the right when it arises and as a power to enforce it.”

Although an executory contract is not assignable, once the contract has been executed to the extent that nothing remains to be done except the payment of money by one of the parties to the other, the claim becomes a chose in action which is assignable.

Supreme Court

What happens when you have a present assignment (or at least a contractual obligation to assign) of invention rights that don’t exist at the time of the assignment (aka “future invention rights”)?

The Supreme Court suggests it is the factual record that will answer this question. They look to:

The chronological order in which the assignment and the activities occurred
When a party received funding for the research completed
When the research activities were carried out after signing anything
Relative to the invention rights at issue, how much were those rights based on the federally funded research
How much were they based on the research activities carried out by the other party

If the factual record is complex or unclear, it will be difficult for a court to make a decision.

If you need help with assignment of future rights, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Mets mulling Kodai Senga rehab assignment as he…

Sports MLB New York Mets

Subscriber only, mets mulling kodai senga rehab assignment as he gets closer to a return: ‘everything is moving in the right direction’.

The Mets are getting closer to getting their ace back as Kodai Senga is nearing a return.

The injured Mets ace threw 32 pitches in live batting practice Saturday, facing hitters for the third time. He “felt great” and reported no shoulder pain or discomfort. The next step might be a rehab assignment with a minor league affiliate.

However, the Mets will wait a few days to determine whether or not he’s ready for a rehab assignment.

“Now we’ll see how he responds the next few days so we can make a decision whether he throws on another live BP or we put him through a rehab assignment,” manager Carlos Mendoza said Sunday at Tropicana Field . “But everything is moving in the right direction.”

Senga has been out with a strained posterior capsule in his right shoulder since early in spring training. He received a PRP injection in February and resumed rehab. The Mets moved him to the 60-day injured list last month so the first day he’s eligible for activation is May 27. The club expects him to be ready to pitch around that time or soon after.

Losing an ace for this amount of time is a blow to any team, but the Mets could especially use the rotation help right now. The club moved struggling right-hander Adrian Houser to the bullpen and called up top pitching prospect Christian Scott to make a start Saturday against the Tampa Bay Rays. Scott pitched exceptionally well in his rookie debut and will get another turn through the rotation, but the Mets are still struggling to get length from their starters.

When Senga returns the Mets are likely to go to a six-man rotation to be able to give Senga an extra day of rest before each start. This was effective for him last season, when he pitched well enough to earn NL Rookie of the Year and Cy Young Award votes.

‘NO ONE CARES’

Pete Alonso is mired in a 2-for-36 slump over the Mets’ last three series (10 games). This comes after a hot start to the season with seven home runs over his first 24 games (his eight total are tied for third in the league).

Alonso is working diligently with hitting coaches Jeremy Barnes and Eric Chavez, but the results still haven’t been there. He isn’t barreling the ball like typically does and he hasn’t been making as much hard contact in recent weeks either.

“It’s frustrating not being able to come through in situations,” Alonso said after the Mets were swept by the Rays on Sunday . “I need to be better.”

The problem, according to the first baseman, is that he isn’t getting the line drives he’s been striving for. He’s hitting the ball on the ground or popping it up, seemingly unable to make the kind of contact he needs to be making.

The Mets are unconcerned, knowing that a prolific hitter like Alonso is only one swing away from getting back to his line-drive ways. But Alonso, as a team leader, feels that he needs to be doing more at the plate to help the team.

“All the work and stuff like that preparing for the game, I mean, no one really sees that and no one really cares about that,” Alonso said. “People care about performance, so it’s just frustrating not to be able to come through.”

CATCHING ON

Some minor news, though positive news when it comes to the catching situation: Francisco Alvarez will have the stitches from his left thumb surgery removed Monday. The team has him traveling while injured and he’s still participating in all pitching meetings to stay involved.

Alvarez is expected to miss another six weeks, but the 22-year-old is hoping to return earlier. The Mets, however, are not making any promises when it comes to an expedited rehab.

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Updated federal workplace guidelines protect employee gender identity

In first change to the guidance in 25 years, federal agency says repeatedly misgendering employees or denying them access to a bathroom consistent with their gender identity amounts to workplace harassment

Employers who repeatedly misgender their employees or deny them access to a bathroom consistent with their gender identity are committing workplace harassment under federal anti-discrimination laws, according to a new guidance released Monday by the Equal Employment Opportunity Commission.

The changes released Monday mark the first update to the guidelines in 25 years by the federal agency. They are based on legal standards protecting employees from harassment under a protected characteristic: race, religion, color, national origin, disability, age, genetic information and sex. That last category includes pregnancy, sexual orientation and gender identity.

The document reflects legal developments in recent years, including the 2020 Supreme Court ruling Bostock v. Clayton County , Ga., which found that Title VII of the 1964 Civil Rights Act — which prohibits discrimination “because of sex” — protects gay and transgender workers.

Per the new guidelines, an employer who repeatedly and intentionally misgenders an individual by using the “name or pronoun inconsistent with the individual’s known gender identity” or by denying an employee access “to a bathroom or other sex-segregated facility consistent with the individual’s gender identity” is committing unlawful workplace harassment. This, the guidance states, is considered sex-based discrimination under Title VII, which the EEOC says “includes harassment based on sexual orientation or gender identity, including how that identity is expressed.”

The guidance document released Monday consolidates and replaces five of the agency’s previous guidance documents issued between 1987 and 1999, which established guidelines on workplace harassment law. The document is the finalized version of a draft released at the end of last year by the EEOC that received “robust” public input, per the agency.

While the document is not legally binding, it serves as a standard for how the EEOC interprets and enforces anti-bias laws. The federal agency was created under the Civil Rights Act and is tasked with enforcing civil rights laws against workplace discrimination, investigating accusations and filing civil discrimination lawsuits on behalf of employees.

“The guidelines themselves don’t have the force of statute,” said Christopher Ho, the director of the National Origin and Immigrants’ Rights Program at Legal Aid at Work. “Unlike a law that Congress drafts and puts into writing, these don’t have the same effect — they are not legally binding. But that said, numerous courts, including the Supreme Court, have said: Because these guidelines are based on the expertise and careful reasoning of the agency that’s charged with enforcing anti-discrimination laws, they’re to be given deference by the courts.”

The guidelines, Ho noted, are “very carefully considered — they’re not out of thin air.” While the EEOC does not make policy, their guidance reflects “existing authority” applied to “the modern-day situation.”

“I think [an employer] would be very wise, taking the guidelines very seriously,” said Ho, who served on a 2016 EEOC task force on harassment.

The guidance also addresses unlawful harassment in situations involving older workers, immigrants and survivors of gender-based violence, as well as situations of harassment in virtual work environments — a result of the remote work era ushered in by the pandemic.

Charlotte A. Burrows, EEOC chair, said in a statement that the guidance “is a comprehensive resource that brings together best practices for preventing and remedying harassment and clarifies recent developments in the law.”

“As we commemorate this year’s 60th anniversary of the Civil Rights Act of 1964, the guidance will help raise awareness about the serious problem of harassment in employment and the law’s protections for those who experience it,” Burrows said.

Some Republicans were unhappy with the guidance. Rep. Virginia Foxx (R-N.C.), who chairs the House Education and Workforce Committee, said in a statement that the EEOC “has detached itself from reality.”

“Today’s final guidance is nothing more than a homage to leftist activists who want Americans to conform to their warped political ideology,” Foxx said. “From the mandated use of pronouns to a denial of biological facts, the EEOC seems more interested in appeasing the mob than undertaking commonsense policymaking to protect workers.”

The agency said in a statement that the guidance was approved by a majority vote of the five-member commission and “reflects the EEOC’s commitment to protecting persons who are particularly vulnerable and persons from underserved communities from employment discrimination.”

EEOC Commissioner Andrea Lucas released a statement expressing her disagreement with the new guidance, saying it “effectively eliminates single-sex workplace facilities and impinges on women’s (and indeed, all employees’) rights to freedom of speech and belief.”

Subhashini Bollini, the co-chair of the National Employment Lawyers Association EEOC working group, said the EEOC’s guidance is on par with the precedent set by recent legal cases. Specifically in the case of the guidance including instances of harassment in the form of misgendering or barring a transgender employee from using a bathroom that matches their gender identity, Bollini said the EEOC is applying the precedent set by Bostock.

“What the guidelines provide is, in plain language, really what these categories of harassment mean in real life,” she said.

The guidance document includes several hypothetical scenarios in which an employer’s actions would amount to workplace harassment. In one scenario, a supervisor who mocks her pregnant employee by, among other things, tracking her use of the bathroom, calling her a “heifer” and berating her work as “shoddy” and “slow” is considered to be partaking in workplace harassment. In another scenario, a supervisor who repeatedly questions a transgender employee about her gender identity and expression and also refers to her using “he/him” pronouns is also considered to be harassing their employee.

Bollini said that, while the guidelines that deal with gender identity may draw more scrutiny than others, “transgender people are employees too, they’re in our workplaces and everybody — transgender people, people of different sexual orientations, people of different races and people of different sexes, are all trying to earn a living.”

“These laws enable people to support themselves, support their families and contribute to society,” Bollini added. “So to deny that … is really saying that certain classes of people should not have those fundamental rights.”

Guardians designate right-hander for assignment, recall bullpen arm

Updated: May. 03, 2024, 7:26 p.m. |
Published: May. 03, 2024, 4:01 p.m.

Cleveland Guardians battle the New York Yankees at Progress Field in game one of a split double header

Peter Strzelecki has joined the Guardians from Triple-A Columbus. John Kuntz, cleveland.com

Joe Noga, cleveland.com

CLEVELAND, Ohio — The Guardians swapped right-handed relievers to bolster their road-weary bullpen prior to Friday’s series opener against the Angels at Progressive Field.

Right-hander Peter Strzelecki was recalled from Triple-A Columbus and righty Tyler Beede was designated for assignment.

Cleveland’s bullpen has logged the second-most innings in the American League through its first 31 games at 124 2/3, but has the second-best fWAR according to Fangraphs.com at 2.1 behind the Mets.

Strzelecki, acquired March 28 from the Diamondbacks in exchange for cash, begins his second stint in Cleveland’s bullpen. He made two scoreless appearances for the Guardians registering a strikeout and one hit allowed in his two outings before being optioned on April 15.

With the Clippers, Strzelecki was 1-0 with a save and a 2.57 ERA in seven appearances. Strzelecki struck out 11 and walked one in 7 innings.

Beede, a former top prospect with the Giants, signed a minor league contract with Cleveland on Jan. 27 and made the club out of spring training. Manager Stephen Vogt said it was a tough conversation to have with Beede, who was once his teammate in San Francisco, who pitched in Japan in 2023.

The 30-year-old righty started strong with five scoreless appearances, striking out nine and walking two while allowing just one run in six innings to open the season. But over his last eight outings, Beede’s effectiveness waned as he pitched to a 14.63 ERA with nine strikeouts, seven walks and two home runs allowed. Beede surrendered 13 earned runs in his last eight innings as opposing batters slugged .714 against him.

“He was great for us at times and struggled at times,” Vogt said. “With the state of our bullpen and with our roster, we just had to make a tough decision. But I wish Tyler nothing but the best in the future. And he could be back with us, which would be great.”

Beede allowed five runs in 1/3 of an inning in Thursday’s 8-2 loss to the Astros in Houston.

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IMAGES

Assignment Rights Form
4 Benefits of Submitting Your Assignments in PDF Format
13 Best Tips To Write An Assignment
Assigning Tasks
Calaméo
Tips to ace your assignment writing tasks

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When I think I’m doing my assignment right😭 #funny #comedy #school
Right Now Lord
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A Right Decision ♥️
p. 26 For Hes a Jolly Good Fellow- ASSIGNMENT（Right hand video）

COMMENTS

Assignment of Rights Agreement: Everything You Need to Know
The name of the of the party who is taking the rights and responsibilities (the assignee) The other party to the first agreement (known as the obligor) The name of the agreement and its expiration date. Whether the first contract necessitates the obligor's approval before assigning rights. The date of the obligor's consent.
Assignments: The Basic Law
Assignments: The Basic Law. The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States. As with many terms commonly used, people are familiar with the ...
Assignment of Contract Rights: Everything You Need to Know
Assignment of rights changes the foundational terms of the agreement. The assignment is illegal in some way. If assignment of contract takes place, but the contract actually prohibits it, the assignment will automatically be voided. When a transfer of contract rights will somehow change the basics of the contract, assignment cannot happen.
Assignment Of Rights Agreement: Definition & Sample
An assignment of rights agreement is a written document in which one party, the assignor, assigns to another party all or part of their rights under an existing contract. The most common example of this would be when someone wants to sell their shares of stock in a company. When you buy shares from someone else (the seller), they agree to ...
assignment
assignment. Assignment is a legal term whereby an individual, the "assignor," transfers rights, property, or other benefits to another known as the " assignee .". This concept is used in both contract and property law. The term can refer to either the act of transfer or the rights /property/benefits being transferred.
14.1: Assignment of Contract Rights
The one who makes the assignment is both an obligee and a transferor. The assignee acquires the right to receive the contractual obligations of the promisor, who is referred to as the obligor (see Figure 14.1 "Assignment of Rights" ). The assignor may assign any right unless (1) doing so would materially change the obligation of the obligor ...
Assignment (law)
Assignment (law) Assignment [1] is a legal term used in the context of the laws of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. [2] An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee.
Assignment of Rights and Obligations Under a Contract
The assignment is for a future right that only would be attainable in a contract in the future; The contract hasn't been finalized or written yet; Delegation vs. Assignment. Occasionally, one party in a contract will desire to pass on or delegate their responsibility to a third party without creating an assignment contract. Some duties are so ...
assign
Assign is the act of transferring rights, property, or other benefits to another party (the assignee) from the party who holds such benefits under contract (the assignor). This concept is used in both contract and property law. Contract Law Under contract law, when one party assigns a contract, the assignment represents both: (1) an assignment of rights; and (2) a delegation of duties.
Assignment Clause: Meaning & Samples (2022)
Assignment Clause Examples. Examples of assignment clauses include: Example 1. A business closing or a change of control occurs. Example 2. New services providers taking over existing customer contracts. Example 3. Unique real estate obligations transferring to a new property owner as a condition of sale. Example 4.
What Is an Assignment of Contract?
Richard Stim. , Attorney · University of San Francisco School of Law. An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual ...
Understanding an assignment and assumption agreement
An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract. The party making the assignment is called the assignor, while the third party accepting the assignment is known as the assignee.
Contract Assignments
In a contract assignment, one of the two parties to a contract may transfer their right to the other's performance to a third party. This is known as "contract assignment.". Generally, all rights under a contract may be assigned. A provision in the contract that states the contract may not be assigned usually refers to the delegation of ...
Assignment of Rights Contract Clause Examples
View Examples. Assignment of Rights. I agree to assign, and do hereby irrevocably transfer and assign, to the Company: (i) all of my rights, title and interests in and with respect to any Assigned Inventions; (ii) all patents, patent applications, copyrights, mask works, rights in databases, trade secrets, and other intellectual property rights ...
Assessing Assignability: Transferring Contractual Rights or Obligations
An assignment involves the transfer by an obligee (assignor) of some or all of its rights to receive performance under the contract to a non-party (assignee). The assignor no longer receives any benefits of the assigned rights, which are all transferred to the assignee. However, even though the assignor divests its contract rights, the ...
Understanding Assignments
What this handout is about. The first step in any successful college writing venture is reading the assignment. While this sounds like a simple task, it can be a tough one. This handout will help you unravel your assignment and begin to craft an effective response. Much of the following advice will involve translating typical assignment terms ...
Assignment Definition & Meaning
The meaning of ASSIGNMENT is the act of assigning something. How to use assignment in a sentence. Synonym Discussion of Assignment.
Assignment of Rights Example: Everything You Need to Know
The assignment is against public policy or illegal. The contract contains a no-assignment clause. The assignment is for a future right that would only be attainable in a contract in the future. The contract hasn't been finalized or written yet. If you need help with an assignment of rights, you can post your job on UpCounsel's marketplace ...
Assignment of Copyrights & Legal Implications
Assignments can be used for many different purposes, such as security for debt, as an asset passed to heirs, or as part of the distribution of assets after a bankruptcy proceeding. Once you assign your rights to somebody else, however, you are permanently giving away your right to control the work. That means if you try to exercise any of the ...
Assignment: Definition in Finance, How It Works, and Examples
Assignment: An assignment is the transfer of an individual's rights or property to another person or business. For example, when an option contract is assigned, an option writer has an obligation ...
Assignment
Assignment is a task given to students by a teacher or professor, usually as a means of assessing their understanding and application of course material. Assignments can take various forms, including essays, research papers, presentations, problem sets, lab reports, and more. Assignments are typically designed to be completed outside of class ...
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Out of the seven women interviewed for the piece, only one picked a man. "Bear. Man is scary," one of the women responds. A number of women echoed the responses given in the original video ...
Assignable Contracts Basics and When To Use Them
Assignability clauses. Assignability clauses are often encountered in real estate contracts, where they allow the transfer of property or leases. Assignment of contract can also be applied to some options and futures contracts. Not all contracts have an assignment provision. If one does, it can be found in the contract's terms.
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The Assignment with Audie Cornish Each week on The Assignment, host Audie Cornish pulls listeners out of their digital echo chambers to hear from the people whose lives intersect with the news cycle.
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In a corresponding move, right-hander Matt Bowman has been designated for assignment. Bowman, 33 next month, signed a minor league deal with the Twins in the offseason. He was added to the 40-man ...
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The Giants announced Monday that they've designated right-hander Daulton Jefferies for assignment. His spot on the 40-man roster will go to right-handed pitching prospect Mason Black, whose ...
Assignment of Future Rights
An assignment of future earnings from a certain employment or trade has been treated as an assignment of wages under an existing contract of employment. This is because the possibility of future earnings is coupled with an interest. There is the existence of a vested right. Chose in action, except in torts, is assignable.
Mets' mulling Kodai Senga rehab assignment
May 5, 2024 at 12:51 p.m. ST. PETERSBURG — Kodai Senga could be one step closer to making his long-awaited season debut, with the potential next step being a big one. The injured Mets ace threw ...
Updated federal workplace guidelines protect employee gender identity
The U.S. Equal Employment Opportunity Commission released its first update to the guidelines to protect against workplace harassment in 25 years on Monday. (David Zalubowski/AP) 6 min. Employers ...
Guardians designate right-hander for assignment, recall bullpen arm
Right-hander Peter Strzelecki was recalled from Triple-A Columbus and righty Tyler Beede was designated for assignment.