meaning of compulsory assignment

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 he or she 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 her 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, he or she still has 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 she already knows 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 she or he expects.

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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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.

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Types of Assignments

Cristy Bartlett and Kate Derrington

Introduction

As discussed in the previous chapter, assignments are a common method of assessment at university. You may encounter many assignments over your years of study, yet some will look quite different from others. By recognising different types of assignments and understanding the purpose of the task, you can direct your writing skills effectively to meet task requirements. This chapter draws on the skills from the previous chapter, and extends the discussion, showing you where to aim with different types of assignments.

The chapter begins by exploring the popular essay assignment, with its two common categories, analytical and argumentative essays. It then examines assignments requiring case study responses , as often encountered in fields such as health or business. This is followed by a discussion of assignments seeking a report (such as a scientific report) and reflective writing assignments, common in nursing, education and human services. The chapter concludes with an examination of annotated bibliographies and literature reviews. The chapter also has a selection of templates and examples throughout to enhance your understanding and improve the efficacy of  your assignment writing skills.

Different Types of Written Assignments

At university, an essay is a common form of assessment. In the previous chapter Writing Assignments we discussed what was meant by showing academic writing in your assignments. It is important that you consider these aspects of structure, tone and language when writing an essay.

Components of an essay

Essays should use formal but reader friendly language and have a clear and logical structure. They must include research from credible academic sources such as peer reviewed journal articles and textbooks. This research should be referenced throughout your essay to support your ideas (See the chapter Working with Information ).

If you have never written an essay before, you may feel unsure about how to start.  Breaking your essay into sections and allocating words accordingly will make this process more manageable and will make planning the overall essay structure much easier.

• An essay requires an introduction, body paragraphs and a conclusion.
• Generally, an introduction and conclusion are approximately 10% each of the total word count.
• The remaining words can then be divided into sections and a paragraph allowed for each area of content you need to cover.
• Use your task and criteria sheet to decide what content needs to be in your plan

An effective essay introduction needs to inform your reader by doing four basic things:

Table 20.1 An effective essay

An effective essay body paragraph needs to:

An effective essay conclusion needs to:

Common types of essays

You may be required to write different types of essays, depending on your study area and topic. Two of the most commonly used essays are analytical and argumentative .  The task analysis process discussed in the previous chapter Writing Assignments will help you determine the type of essay required. For example, if your assignment question uses task words such as analyse, examine, discuss, determine or explore, you would be writing an analytical essay . If your assignment question has task words such as argue, evaluate, justify or assess, you would be writing an argumentative essay . Despite the type of essay, your ability to analyse and think critically is important and common across genres.  

Analytical essays

These essays usually provide some background description of the relevant theory, situation, problem, case, image, etcetera that is your topic. Being analytical requires you to look carefully at various components or sections of your topic in a methodical and logical way to create understanding.

The purpose of the analytical essay is to demonstrate your ability to examine the topic thoroughly. This requires you to go deeper than description by considering different sides of the situation, comparing and contrasting a variety of theories and the positives and negatives of the topic. Although in an analytical essay your position on the topic may be clear, it is not necessarily a requirement that you explicitly identify this with a thesis statement, as is the case with an argumentative essay. If you are unsure whether you are required to take a position, and provide a thesis statement, it is best to check with your tutor.

Argumentative essays

These essays require you to take a position on the assignment topic. This is expressed through your thesis statement in your introduction. You must then present and develop your arguments throughout the body of your assignment using logically structured paragraphs. Each of these paragraphs needs a topic sentence that relates to the thesis statement. In an argumentative essay, you must reach a conclusion based on the evidence you have presented.

Case Study Responses

Case studies are a common form of assignment in many study areas and students can underperform in this genre for a number of key reasons.

Students typically lose marks for not:

• Relating their answer sufficiently to the case details
• Applying critical thinking
• Writing with clear structure
• Using appropriate or sufficient sources
• Using accurate referencing

When structuring your response to a case study, remember to refer to the case. Structure your paragraphs similarly to an essay paragraph structure but include examples and data from the case as additional evidence to support your points (see Figure 20.5 ). The colours in the sample paragraph below show the function of each component.

The Nursing and Midwifery Board of Australia (NMBA) Code of Conduct and Nursing Standards (2018) play a crucial role in determining the scope of practice for nurses and midwives. A key component discussed in the code is the provision of person-centred care and the formation of therapeutic relationships between nurses and patients (NMBA, 2018). This ensures patient safety and promotes health and wellbeing (NMBA, 2018). The standards also discuss the importance of partnership and shared decision-making in the delivery of care (NMBA, 2018, 4). Boyd and Dare (2014) argue that good communication skills are vital for building therapeutic relationships and trust between patients and care givers. This will help ensure the patient is treated with dignity and respect and improve their overall hospital experience. In the case, the therapeutic relationship with the client has been compromised in several ways. Firstly, the nurse did not conform adequately to the guidelines for seeking informed consent before performing the examination as outlined in principle 2.3 (NMBA, 2018). Although she explained the procedure, she failed to give the patient appropriate choices regarding her health care. 

Topic sentence | Explanations using paraphrased evidence including in-text references | Critical thinking (asks the so what? question to demonstrate your student voice). | Relating the theory back to the specifics of the case. The case becomes a source of examples as extra evidence to support the points you are making.

Reports are a common form of assessment at university and are also used widely in many professions. It is a common form of writing in business, government, scientific, and technical occupations.

Reports can take many different structures. A report is normally written to present information in a structured manner, which may include explaining laboratory experiments, technical information, or a business case.  Reports may be written for different audiences including clients, your manager, technical staff, or senior leadership within an organisation. The structure of reports can vary, and it is important to consider what format is required. The choice of structure will depend upon professional requirements and the ultimate aims of the report. Consider some of the options in the table below (see Table 20.2 ).

Table 20.2 Explanations of different types of reports

Reflective writing.

Reflective writing is a popular method of assessment at university. It is used to help you explore feelings, experiences, opinions, events or new information to gain a clearer and deeper understanding of your learning. A reflective writing task requires more than a description or summary.  It requires you to analyse a situation, problem or experience, consider what you may have learnt and evaluate how this may impact your thinking and actions in the future. This requires critical thinking, analysis, and usually the application of good quality research, to demonstrate your understanding or learning from a situation. Essentially, reflective practice is the process of looking back on past experiences and engaging with them in a thoughtful way and drawing conclusions to inform future experiences. The reflection skills you develop at university will be vital in the workplace to assist you to use feedback for growth and continuous improvement. There are numerous models of reflective writing and you should refer to your subject guidelines for your expected format. If there is no specific framework, a simple model to help frame your thinking is What? So what? Now what?   (Rolfe et al., 2001).

Table 20.3 What? So What? Now What? Explained.

The Gibbs’ Reflective Cycle

The Gibbs’ Cycle of reflection encourages you to consider your feelings as part of the reflective process. There are six specific steps to work through. Following this model carefully and being clear of the requirements of each stage, will help you focus your thinking and reflect more deeply. This model is popular in Health.

The 4 R’s of reflective thinking

This model (Ryan and Ryan, 2013) was designed specifically for university students engaged in experiential learning.  Experiential learning includes any ‘real-world’ activities including practice led activities, placements and internships.  Experiential learning, and the use of reflective practice to heighten this learning, is common in Creative Arts, Health and Education.

Annotated Bibliography

What is it.

An annotated bibliography is an alphabetical list of appropriate sources (books, journals or websites) on a topic, accompanied by a brief summary, evaluation and sometimes an explanation or reflection on their usefulness or relevance to your topic. Its purpose is to teach you to research carefully, evaluate sources and systematically organise your notes. An annotated bibliography may be one part of a larger assessment item or a stand-alone assessment piece. Check your task guidelines for the number of sources you are required to annotate and the word limit for each entry.

How do I know what to include?

When choosing sources for your annotated bibliography it is important to determine:

• The topic you are investigating and if there is a specific question to answer
• The type of sources on which you need to focus
• Whether they are reputable and of high quality

What do I say?

Important considerations include:

• Is the work current?
• Is the work relevant to your topic?
• Is the author credible/reliable?
• Is there any author bias?
• The strength and limitations (this may include an evaluation of research methodology).

Literature Reviews

It is easy to get confused by the terminology used for literature reviews. Some tasks may be described as a systematic literature review when actually the requirement is simpler; to review the literature on the topic but do it in a systematic way. There is a distinct difference (see Table 20.4 ). As a commencing undergraduate student, it is unlikely you would be expected to complete a systematic literature review as this is a complex and more advanced research task. It is important to check with your lecturer or tutor if you are unsure of the requirements.

Table 20.4 Comparison of Literature Reviews

Generally, you are required to establish the main ideas that have been written on your chosen topic. You may also be expected to identify gaps in the research. A literature review does not summarise and evaluate each resource you find (this is what you would do in an annotated bibliography). You are expected to analyse and synthesise or organise common ideas from multiple texts into key themes which are relevant to your topic (see Figure 20.10 ). Use a table or a spreadsheet, if you know how, to organise the information you find. Record the full reference details of the sources as this will save you time later when compiling your reference list (see Table 20.5 ).

Overall, this chapter has provided an introduction to the types of assignments you can expect to complete at university, as well as outlined some tips and strategies with examples and templates for completing them. First, the chapter investigated essay assignments, including analytical and argumentative essays. It then examined case study assignments, followed by a discussion of the report format. Reflective writing , popular in nursing, education and human services, was also considered. Finally, the chapter briefly addressed annotated bibliographies and literature reviews. The chapter also has a selection of templates and examples throughout to enhance your understanding and improve the efficacy of your assignment writing skills.

• Not all assignments at university are the same. Understanding the requirements of different types of assignments will assist in meeting the criteria more effectively.
• There are many different types of assignments. Most will require an introduction, body paragraphs and a conclusion.
• An essay should have a clear and logical structure and use formal but reader friendly language.
• Breaking your assignment into manageable chunks makes it easier to approach.
• Effective body paragraphs contain a topic sentence.
• A case study structure is similar to an essay, but you must remember to provide examples from the case or scenario to demonstrate your points.
• The type of report you may be required to write will depend on its purpose and audience. A report requires structured writing and uses headings.
• Reflective writing is popular in many disciplines and is used to explore feelings, experiences, opinions or events to discover what learning or understanding has occurred. Reflective writing requires more than description. You need to be analytical, consider what has been learnt and evaluate the impact of this on future actions.
• Annotated bibliographies teach you to research and evaluate sources and systematically organise your notes. They may be part of a larger assignment.
• Literature reviews require you to look across the literature and analyse and synthesise the information you find into themes.

Gibbs, G. (1988). Learning by doing: A guide to teaching and learning methods. Further Education Unit, Oxford Brookes University, Oxford.

Rolfe, G., Freshwater, D., Jasper, M. (2001). Critical reflection in nursing and the helping professions: a user’s guide . Basingstoke: Palgrave Macmillan.

Ryan, M. & Ryan, M. (2013). Theorising a model for teaching and assessing reflective learning in higher education.  Higher Education Research & Development , 32(2), 244-257. doi: 10.1080/07294360.2012.661704

Academic Success Copyright © 2021 by Cristy Bartlett and Kate Derrington is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License , except where otherwise noted.

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Understanding Writing Assignments

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How to Decipher the Paper Assignment

Many instructors write their assignment prompts differently. By following a few steps, you can better understand the requirements for the assignment. The best way, as always, is to ask the instructor about anything confusing.

• Read the prompt the entire way through once. This gives you an overall view of what is going on.
• Underline or circle the portions that you absolutely must know. This information may include due date, research (source) requirements, page length, and format (MLA, APA, CMS).
• Underline or circle important phrases. You should know your instructor at least a little by now - what phrases do they use in class? Does he repeatedly say a specific word? If these are in the prompt, you know the instructor wants you to use them in the assignment.
• Think about how you will address the prompt. The prompt contains clues on how to write the assignment. Your instructor will often describe the ideas they want discussed either in questions, in bullet points, or in the text of the prompt. Think about each of these sentences and number them so that you can write a paragraph or section of your essay on that portion if necessary.
• Rank ideas in descending order, from most important to least important. Instructors may include more questions or talking points than you can cover in your assignment, so rank them in the order you think is more important. One area of the prompt may be more interesting to you than another.
• Ask your instructor questions if you have any.

After you are finished with these steps, ask yourself the following:

• What is the purpose of this assignment? Is my purpose to provide information without forming an argument, to construct an argument based on research, or analyze a poem and discuss its imagery?
• Who is my audience? Is my instructor my only audience? Who else might read this? Will it be posted online? What are my readers' needs and expectations?
• What resources do I need to begin work? Do I need to conduct literature (hermeneutic or historical) research, or do I need to review important literature on the topic and then conduct empirical research, such as a survey or an observation? How many sources are required?
• Who - beyond my instructor - can I contact to help me if I have questions? Do you have a writing lab or student service center that offers tutorials in writing?

(Notes on prompts made in blue )

Poster or Song Analysis: Poster or Song? Poster!

Goals : To systematically consider the rhetorical choices made in either a poster or a song. She says that all the time.

Things to Consider: ah- talking points

• how the poster addresses its audience and is affected by context I'll do this first - 1.
• general layout, use of color, contours of light and shade, etc.
• use of contrast, alignment, repetition, and proximity C.A.R.P. They say that, too. I'll do this third - 3.
• the point of view the viewer is invited to take, poses of figures in the poster, etc. any text that may be present
• possible cultural ramifications or social issues that have bearing I'll cover this second - 2.
• ethical implications
• how the poster affects us emotionally, or what mood it evokes
• the poster's implicit argument and its effectiveness said that was important in class, so I'll discuss this last - 4.
• how the song addresses its audience
• lyrics: how they rhyme, repeat, what they say
• use of music, tempo, different instruments
• possible cultural ramifications or social issues that have bearing
• emotional effects
• the implicit argument and its effectiveness

These thinking points are not a step-by-step guideline on how to write your paper; instead, they are various means through which you can approach the subject. I do expect to see at least a few of them addressed, and there are other aspects that may be pertinent to your choice that have not been included in these lists. You will want to find a central idea and base your argument around that. Additionally, you must include a copy of the poster or song that you are working with. Really important!

I will be your audience. This is a formal paper, and you should use academic conventions throughout.

Length: 4 pages Format: Typed, double-spaced, 10-12 point Times New Roman, 1 inch margins I need to remember the format stuff. I messed this up last time =(

Academic Argument Essay

5-7 pages, Times New Roman 12 pt. font, 1 inch margins.

Minimum of five cited sources: 3 must be from academic journals or books

• Design Plan due: Thurs. 10/19
• Rough Draft due: Monday 10/30
• Final Draft due: Thurs. 11/9

Remember this! I missed the deadline last time

The design plan is simply a statement of purpose, as described on pages 40-41 of the book, and an outline. The outline may be formal, as we discussed in class, or a printout of an Open Mind project. It must be a minimum of 1 page typed information, plus 1 page outline.

This project is an expansion of your opinion editorial. While you should avoid repeating any of your exact phrases from Project 2, you may reuse some of the same ideas. Your topic should be similar. You must use research to support your position, and you must also demonstrate a fairly thorough knowledge of any opposing position(s). 2 things to do - my position and the opposite.

Your essay should begin with an introduction that encapsulates your topic and indicates 1 the general trajectory of your argument. You need to have a discernable thesis that appears early in your paper. Your conclusion should restate the thesis in different words, 2 and then draw some additional meaningful analysis out of the developments of your argument. Think of this as a "so what" factor. What are some implications for the future, relating to your topic? What does all this (what you have argued) mean for society, or for the section of it to which your argument pertains? A good conclusion moves outside the topic in the paper and deals with a larger issue.

You should spend at least one paragraph acknowledging and describing the opposing position in a manner that is respectful and honestly representative of the opposition’s 3 views. The counterargument does not need to occur in a certain area, but generally begins or ends your argument. Asserting and attempting to prove each aspect of your argument’s structure should comprise the majority of your paper. Ask yourself what your argument assumes and what must be proven in order to validate your claims. Then go step-by-step, paragraph-by-paragraph, addressing each facet of your position. Most important part!

Finally, pay attention to readability . Just because this is a research paper does not mean that it has to be boring. Use examples and allow your opinion to show through word choice and tone. Proofread before you turn in the paper. Your audience is generally the academic community and specifically me, as a representative of that community. Ok, They want this to be easy to read, to contain examples I find, and they want it to be grammatically correct. I can visit the tutoring center if I get stuck, or I can email the OWL Email Tutors short questions if I have any more problems.

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[ k uh m- puhl -s uh -ree ]

compulsory education.

Antonyms: voluntary

compulsory measures to control rioting.

The ice skater received a higher score on the compulsories than on her freestyle performance.

/ kəmˈpʌlsərɪ /

compulsory education

• involving or employing compulsion; compelling; necessary; essential

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Derived forms.

• comˈpulsorily , adverb
• comˈpulsoriness , noun

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• noncom·pulso·ri·ly·ness noun
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Word History and Origins

Origin of compulsory 1

Example Sentences

Respect for the principle of non-discrimination is more fundamental than ever since vaccination is not compulsory and access to the vaccine is not yet generalised.

Not all national supermarket chains have responded to the increasing demand for compulsory hazard pay bonuses with store closures or political pressure.

About 20% of the company’s 250 staffers were already remote before the coronavirus pandemic, but even when staffers who were previously in offices can safely return, attendance won’t be compulsory.

The compulsory spousal exchanges have created some of the tightest alliances ever recorded, currently totaling about 30,000 Amazonian souls.

In August, Australian Prime Minister Scott Morrison suggested on a radio show that he would make a vaccine compulsory for all Australians, though he later walked back the comments.

They had three years together before Ziad left to do his compulsory military service, leaving on her birthday, April 4, 2001.

It is compulsory to note in every Kansas story that “the race may decide who controls the Senate.”

The newest pro-gun propaganda: Make firearm education compulsory in schools and create gun-required zones.

Compulsory dues translate into many tens of millions of dollars in political contributions to Democrats.

At Nansen Elementary School, music has been removed from the curriculum and Arabic lessons made compulsory.

On nearly all railways retirement is optional at sixty and compulsory at sixty-five.

It was probably the first case in Philippine history of a person voluntarily seeking compulsory expulsion from the Islands.

By direction of the Ministry of Education, compulsory religious instruction is being introduced in the State schools.

It is more to count on the universal mind than to brave compulsory public decency.

The fact of compulsory education created a proletariat able and willing to read.

Related Words

Assignment of Contract

Jump to Section

What is an assignment of contract.

An assignment of contract is a legal term that describes the process that occurs when the original party (assignor) transfers their rights and obligations under their contract to a third party (assignee). When an assignment of contract happens, the original party is relieved of their contractual duties, and their role is replaced by the approved incoming party.

How Does Assignment of Contract Work?

An assignment of contract is simpler than you might think.

The process starts with an existing contract party who wishes to transfer their contractual obligations to a new party.

When this occurs, the existing contract party must first confirm that an assignment of contract is permissible under the legally binding agreement . Some contracts prohibit assignments of contract altogether, and some require the other parties of the agreement to agree to the transfer. However, the general rule is that contracts are freely assignable unless there is an explicit provision that says otherwise.

In other cases, some contracts allow an assignment of contract without any formal notification to other contract parties. If this is the case, once the existing contract party decides to reassign his duties, he must create a “Letter of Assignment ” to notify any other contract signers of the change.

The Letter of Assignment must include details about who is to take over the contractual obligations of the exiting party and when the transfer will take place. If the assignment is valid, the assignor is not required to obtain the consent or signature of the other parties to the original contract for the valid assignment to take place.

Check out this article to learn more about how assigning a contract works.

Contract Assignment Examples

Contract assignments are great tools for contract parties to use when they wish to transfer their commitments to a third party. Here are some examples of contract assignments to help you better understand them:

Anna signs a contract with a local trash company that entitles her to have her trash picked up twice a week. A year later, the trash company transferred her contract to a new trash service provider. This contract assignment effectively makes Anna’s contract now with the new service provider.

Hasina enters a contract with a national phone company for cell phone service. The company goes into bankruptcy and needs to close its doors but decides to transfer all current contracts to another provider who agrees to honor the same rates and level of service. The contract assignment is completed, and Hasina now has a contract with the new phone company as a result.

Here is an article where you can find out more about contract assignments.

Benjamin W.

Assignment of Contract in Real Estate

Assignment of contract is also used in real estate to make money without going the well-known routes of buying and flipping houses. When real estate LLC investors use an assignment of contract, they can make money off properties without ever actually buying them by instead opting to transfer real estate contracts .

This process is called real estate wholesaling.

Real Estate Wholesaling

Real estate wholesaling consists of locating deals on houses that you don’t plan to buy but instead plan to enter a contract to reassign the house to another buyer and pocket the profit.

The process is simple: real estate wholesalers negotiate purchase contracts with sellers. Then, they present these contracts to buyers who pay them an assignment fee for transferring the contract.

This process works because a real estate purchase agreement does not come with the obligation to buy a property. Instead, it sets forth certain purchasing parameters that must be fulfilled by the buyer of the property. In a nutshell, whoever signs the purchase contract has the right to buy the property, but those rights can usually be transferred by means of an assignment of contract.

This means that as long as the buyer who’s involved in the assignment of contract agrees with the purchasing terms, they can legally take over the contract.

But how do real estate wholesalers find these properties?

It is easier than you might think. Here are a few examples of ways that wholesalers find cheap houses to turn a profit on:

• Direct mailers
• Place newspaper ads
• Make posts in online forums
• Social media posts

The key to finding the perfect home for an assignment of contract is to locate sellers that are looking to get rid of their properties quickly. This might be a family who is looking to relocate for a job opportunity or someone who needs to make repairs on a home but can’t afford it. Either way, the quicker the wholesaler can close the deal, the better.

Once a property is located, wholesalers immediately go to work getting the details ironed out about how the sale will work. Transparency is key when it comes to wholesaling. This means that when a wholesaler intends to use an assignment of contract to transfer the rights to another person, they are always upfront about during the preliminary phases of the sale.

In addition to this practice just being good business, it makes sure the process goes as smoothly as possible later down the line. Wholesalers are clear in their intent and make sure buyers know that the contract could be transferred to another buyer before the closing date arrives.

After their offer is accepted and warranties are determined, wholesalers move to complete a title search . Title searches ensure that sellers have the right to enter into a purchase agreement on the property. They do this by searching for any outstanding tax payments, liens , or other roadblocks that could prevent the sale from going through.

Wholesalers also often work with experienced real estate lawyers who ensure that all of the legal paperwork is forthcoming and will stand up in court. Lawyers can also assist in the contract negotiation process if needed but often don’t come in until the final stages.

If the title search comes back clear and the real estate lawyer gives the green light, the wholesaler will immediately move to locate an entity to transfer the rights to buy.

One of the most attractive advantages of real estate wholesaling is that very little money is needed to get started. The process of finding a seller, negotiating a price, and performing a title search is an extremely cheap process that almost anyone can do.

On the other hand, it is not always a positive experience. It can be hard for wholesalers to find sellers who will agree to sell their homes for less than the market value. Even when they do, there is always a chance that the transferred buyer will back out of the sale, which leaves wholesalers obligated to either purchase the property themselves or scramble to find a new person to complete an assignment of contract with.

Learn more about assignment of contract in real estate by checking out this article .

Who Handles Assignment of Contract?

The best person to handle an assignment of contract is an attorney. Since these are detailed legal documents that deal with thousands of dollars, it is never a bad idea to have a professional on your side. If you need help with an assignment of contract or signing a business contract , post a project on ContractsCounsel. There, you can connect with attorneys who know everything there is to know about assignment of contract amendment and can walk you through the whole process.

Meet some of our Lawyers

I am a California-barred attorney specializing in business contracting needs. My areas of expertise include contract law, corporate formation, employment law, including independent contractor compliance, regulatory compliance and licensing, and general corporate law. I truly enjoy getting to know my clients, whether they are big businesses, small start-ups looking to launch, or individuals needing legal guidance. Some of my recent projects include: -drafting business purchase and sale agreements -drafting independent contractor agreements -creating influencer agreements -creating compliance policies and procedures for businesses in highly regulated industries -drafting service contracts -advising on CA legality of hiring gig workers including effects of Prop 22 and AB5 -forming LLCs -drafting terms of service and privacy policies -reviewing employment contracts I received my JD from UCLA School of Law and have been practicing for over five years in this area. I’m an avid reader and writer and believe those skills have served me well in my practice. I also complete continuing education courses regularly to ensure I am up-to-date on best practices for my clients. I pride myself on providing useful and accurate legal advice without complex and confusing jargon. I look forward to learning about your specific needs and helping you to accomplish your goals. Please reach out to learn more about my process and see if we are a good fit!

I absolutely love helping my clients buy their first home, sell their starters, upgrade to their next big adventure, or transition to their next phase of life. The confidence my clients have going into a transaction and through the whole process is one of the most rewarding aspects of practicing this type of law. My very first class in law school was property law, and let me tell you, this was like nothing I’d ever experienced. I remember vividly cracking open that big red book and staring at the pages not having the faintest idea what I was actually reading. Despite those initial scary moments, I grew to love property law. My obsession with real estate law was solidified when I was working in Virginia at a law firm outside DC. I ran the settlement (escrow) department and learned the ins and outs of transactions and the unique needs of the parties. My husband and I bought our first home in Virginia in 2012 and despite being an attorney, there was so much we didn’t know, especially when it came to our HOA and our mortgage. Our real estate agent was a wonderful resource for finding our home and negotiating some of the key terms, but there was something missing in the process. I’ve spent the last 10 years helping those who were in the same situation we were in better understand the process.

Attorney Gaudet has worked in the healthcare and property management business sectors for many years. As an attorney, contract drafting, review, and negotiation has always been an area of great focus and interest. Attorney Gaudet currently works in Massachusetts real estate law, business and corporate law, and bankruptcy law.

I am a NY licensed attorney experienced in business contracts, agreements, waivers and more, corporate law, and trademark registration. My office is a sole member Law firm therefore, I Take pride in giving every client my direct attention and focus. I focus on getting the job done fast while maintaining high standards.

A twenty-five year attorney and certified mediator native to the Birmingham, Alabama area.

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Samantha has focused her career on developing and implementing customized compliance programs for SEC, CFTC, and FINRA regulated organizations. She has worked with over 100 investment advisers, alternative asset managers (private equity funds, hedge funds, real estate funds, venture capital funds, etc.), and broker-dealers, with assets under management ranging from several hundred million to several billion dollars. Samantha has held roles such as Chief Compliance Officer and Interim Chief Compliance Officer for SEC-registered investment advisory firms, “Of Counsel” for law firms, and has worked for various securities compliance consulting firms. Samantha founded Coast to Coast Compliance to make a meaningful impact on clients’ businesses overall, by enhancing or otherwise creating an exceptional and customized compliance program and cultivating a strong culture of compliance. Coast to Coast Compliance provides proactive, comprehensive, and independent compliance solutions, focusing primarily on project-based deliverables and various ongoing compliance pain points for investment advisers, broker-dealers, and other financial services firms.

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Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

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Meaning of assignment in English

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• It was a jammy assignment - more of a holiday really.
• He took this award-winning photograph while on assignment in the Middle East .
• His two-year assignment to the Mexico office starts in September .
• She first visited Norway on assignment for the winter Olympics ten years ago.
• He fell in love with the area after being there on assignment for National Geographic in the 1950s.
• act as something
• all work and no play (makes Jack a dull boy) idiom
• be at work idiom
• be in work idiom
• housekeeping
• in the line of duty idiom
• undertaking

You can also find related words, phrases, and synonyms in the topics:

assignment | American Dictionary

Assignment | business english, examples of assignment, collocations with assignment.

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under lock and key

locked away safely

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What the New Overtime Rule Means for Workers

One of the basic principles of the American workplace is that a hard day’s work deserves a fair day’s pay. Simply put, every worker’s time has value. A cornerstone of that promise is the  Fair Labor Standards Act ’s (FLSA) requirement that when most workers work more than 40 hours in a week, they get paid more. The  Department of Labor ’s new overtime regulation is restoring and extending this promise for millions more lower-paid salaried workers in the U.S.

Overtime protections have been a critical part of the FLSA since 1938 and were established to protect workers from exploitation and to benefit workers, their families and our communities. Strong overtime protections help build America’s middle class and ensure that workers are not overworked and underpaid.

Some workers are specifically exempt from the FLSA’s minimum wage and overtime protections, including bona fide executive, administrative or professional employees. This exemption, typically referred to as the “EAP” exemption, applies when: 

1. An employee is paid a salary,  

2. The salary is not less than a minimum salary threshold amount, and 

3. The employee primarily performs executive, administrative or professional duties.

While the department increased the minimum salary required for the EAP exemption from overtime pay every 5 to 9 years between 1938 and 1975, long periods between increases to the salary requirement after 1975 have caused an erosion of the real value of the salary threshold, lessening its effectiveness in helping to identify exempt EAP employees.

The department’s new overtime rule was developed based on almost 30 listening sessions across the country and the final rule was issued after reviewing over 33,000 written comments. We heard from a wide variety of members of the public who shared valuable insights to help us develop this Administration’s overtime rule, including from workers who told us: “I would love the opportunity to...be compensated for time worked beyond 40 hours, or alternately be given a raise,” and “I make around $40,000 a year and most week[s] work well over 40 hours (likely in the 45-50 range). This rule change would benefit me greatly and ensure that my time is paid for!” and “Please, I would love to be paid for the extra hours I work!”

The department’s final rule, which will go into effect on July 1, 2024, will increase the standard salary level that helps define and delimit which salaried workers are entitled to overtime pay protections under the FLSA. 

Starting July 1, most salaried workers who earn less than $844 per week will become eligible for overtime pay under the final rule. And on Jan. 1, 2025, most salaried workers who make less than $1,128 per week will become eligible for overtime pay. As these changes occur, job duties will continue to determine overtime exemption status for most salaried employees.

The rule will also increase the total annual compensation requirement for highly compensated employees (who are not entitled to overtime pay under the FLSA if certain requirements are met) from $107,432 per year to $132,964 per year on July 1, 2024, and then set it equal to $151,164 per year on Jan. 1, 2025.

Starting July 1, 2027, these earnings thresholds will be updated every three years so they keep pace with changes in worker salaries, ensuring that employers can adapt more easily because they’ll know when salary updates will happen and how they’ll be calculated.

The final rule will restore and extend the right to overtime pay to many salaried workers, including workers who historically were entitled to overtime pay under the FLSA because of their lower pay or the type of work they performed. 

We urge workers and employers to visit  our website to learn more about the final rule.

Jessica Looman is the administrator for the U.S. Department of Labor’s Wage and Hour Division. Follow the Wage and Hour Division on Twitter at  @WHD_DOL  and  LinkedIn .  Editor's note: This blog was edited to correct a typo (changing "administrator" to "administrative.")

• Wage and Hour Division (WHD)
• Fair Labor Standards Act
• overtime rule

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Who Can Be Trusted for Retirement Advice? New Rules Strengthen Protections.

More investment professionals will be required to act in their customers’ best interest when providing advice about their retirement money.

By Tara Siegel Bernard

When you walk into a financial adviser’s office, you expect them to put your best interests above all else — in the same way a doctor would, rather than, say, a car salesman. But many people don’t realize that the rules financial professionals must follow vary, depending on where they work and what products they’re selling.

One of those federal regulations, which governs retirement plans, was just tightened: The Biden administration announced new rules on Tuesday that will require more financial professionals to adhere to a higher standard when providing financial advice about your retirement money.

Starting Sept. 23, investment professionals who hold themselves out as trusted advisers will be required to act as fiduciaries — that is, they can’t place their interests ahead of the investor — when customers pay them for advice on individual retirement accounts, 401(k)s and similar buckets of tax-advantaged dollars. The goal is to minimize conflicts of interest, or at least ensure that they aren’t influencing investment professionals’ advice that lines their pockets at the customers’ expense. The rule, which will be published in the Federal Register on Thursday, will be fully effective in September 2025.

The changes, issued by the Department of Labor, which oversees retirement plans, close loopholes that made it easier for many investment professionals to avoid fiduciary status — including, for example, when workers roll over their savings from a 401(k) plan to an individual retirement account. Those transactions, which totaled nearly $800 billion in 2022, weren’t always covered by these investor protections, even though these sums often amount to a person’s life savings.

“If you’re a retirement investor looking for help with how to manage your retirement investments, it’s only reasonable that you get advice that is prudent, loyal and doesn’t involve misleading you,” said Tim Hauser, deputy assistant secretary for program operations of the Employee Benefits Security Administration at the Labor Department. “It shouldn’t matter what product you’re recommending, and that’s what the rule does.”

This isn’t the first effort to update the federal retirement law known as ERISA , which was enacted in 1974 to oversee private pension plans before 401(k)s existed. Strengthening its protections has been the subject of intense debate for more than a decade, over three presidential administrations.

Indeed, critics (including financial industry stakeholders) say the new regulation — initially introduced in October — was rushed, but the Labor Department has been working on different versions since it introduced its first proposal in 2010 . The Obama administration issued a more stringent rule in 2016 , but the Trump administration hit the brakes before it was fully implemented . An appeals court later struck it down in 2018 . Agency officials said they took comments from the financial industry and others into account and made several changes that are reflected in the final rule . But Lisa M. Gomez, assistant secretary for Employee Benefits Security, said the investor protections remain. “There is nothing in these clarifications or changes that one should interpret as a watering down or a real change in position from the proposal,” she said on a media briefing call.

When the onus is on individuals to save and invest for a financially secure retirement, with money that must last through advanced age, investor protections are paramount. Still, individuals might be wondering why they aren’t entitled to fiduciary-level advice on all of their money, all of the time, regardless of what account it sits in or what type of product they’re investing in.

Here’s an overview of how the rules have changed and what it means for you — and how to find fiduciary-level professionals, regardless of the political climate.

What’s changed and where do these rules apply?

The regulation redefines who is considered an investment fiduciary. Before the changes, financial professionals had to meet a five-part test before they were held to that standard — and one part stated that the person making the recommendation must provide the advice on a regular basis. That means one-time recommendations were not necessarily included, which left 401(k) rollover guidance at risk.

The new rule aims to level the playing field for all financial professionals — including investment brokers and insurance salespeople — who describe themselves as trusted advisers when providing advice about your retirement money. It doesn’t matter whether they’re recommending mutual funds, stock investments, insurance products like annuities, illiquid real estate investments — it’s all covered. Investment brokers selling retirement plans to businesses would also be held to the fiduciary standard.

Why is fiduciary status important? What does it even mean?

Fiduciaries under the federal law known as ERISA must follow strict rules of conduct and avoid conflicts of interest. That means they can’t provide advice that affects their compensation, unless they meet certain conditions to ensure investors are protected. This includes putting policies in place to mitigate those conflicts. Investment professionals must also be upfront with customers about their roles as fiduciaries — if they have conflicts, and many do, they must now acknowledge their fiduciary status in writing.

That should go a long way in helping retirees who land in their offices, said Joe Peiffer, a founding partner of Peiffer Wolf Carr Kane Conway & Wise, a law firm in New Orleans. He said he has represented thousands of investors who have received poor advice, including from insurance salespeople who call themselves financial advisers when selling indexed annuity products and universal life policies — often with “disastrous” results.

“They’re exactly the kind of case that the new D.O.L. rule is trying to address,” he said, referring to the Department of Labor. “Because, currently, when we sue these ‘advisers,’ their response is that they are nothing more than insurance salesman that do not have a fiduciary duty.”

I want to work with someone who will always act in my best interest, on all of my money, not just retirement accounts.

No financial adviser is entirely conflict-free, but the ecosystem in which your adviser works matters — and will influence what type of conflicts are embedded in the way they do business. Some brokers, for example, may be paid more to sell one product over another product. Or, the firm itself might have complex revenue sharing agreements, which is when a mutual fund company makes payments to a brokerage firm — and some funds may pay a firm fatter fees than others.

Under the new rule, any financial professional making recommendations must have “policies and procedures to manage conflicts of interest and ensure providers follow these guidelines,” department officials said.

The simplest way to buy advice is to hire a “fee-only” independent certified financial planner who is a registered investment adviser, which means they are required to act as fiduciaries when providing investment advice about securities (stocks, mutual funds and the like). As part of that fiduciary duty, they must eliminate conflicts or disclose them.

“Your odds of conflicts go up, the longer their disclosures are,” said Benjamin Edwards, a professor at the William S. Boyd School of Law at the University of Las Vegas.

What questions should I ask when choosing an adviser?

There are several , but the most important: Are you a fiduciary who promises to put my interests ahead of yours 100 percent of the time with 100 percent of my money? How do you get paid — and will you get paid more for recommending one investment over another? What’s your investment philosophy — does it involve mostly low cost index-based investments?

Oh, and by the way, will you sign this fiduciary pledge ? If they refuse, find a new adviser who will.

Where can I find a trusted adviser?

There are more places now than there have been in the past: XY Planning Network , Garrett Planning Network and the National Association of Personal Financial Advisors (NAPFA ) are all trade groups whose members accept only fee-based compensation, which minimizes their conflicts of interest. They also allow you to search for professionals based on their expertise (retirement planning, for example, or stock option exercise strategies), “You don’t want the adviser to be learning about how to help you on the fly,” said Alan Moore, a financial planner and co-founder of XY Planning Network.

There are also newer entrants, including Domain Money and Facet , which connect people to independent financial planners who get paid flat fees.

Roboadvisers , or companies that lean heavily on technology to manage your investments but also often have human financial advisers, may be a solid option for people who are just starting out — or who have an investment plan they want to put into place and let run on autopilot.

One of the most valuable services an adviser can provide is saving us from ourselves, in the darkest market moments, when an individual may be most likely to give into emotion and sell investments (or buy) at the worst possible time. Just make sure the adviser is a fiduciary.

Tara Siegel Bernard writes about personal finance, from saving for college to paying for retirement and everything in between. More about Tara Siegel Bernard

A Guide to Making Better Financial Moves

Making sense of your finances can be complicated. the tips below can help..

Credit card debt is rising, and shopping for a card with a lower interest rate can help you save money. Here are some things to know .

Whether you’re looking to make your home more energy-efficient, install solar panels or buy an electric car, this guide can help you save money and fight climate change .

Starting this year, some of the money in 529 college savings accounts can be used for retirement if it’s not needed for education. Here is how it works .

Are you trying to improve your credit profile? You can now choose to have your on-time rent payments reported to the credit bureaus  to enhance your score.

Americans’ credit card debt and late payments are rising, and card interest rates remain high, but many people lack a plan to pay down their debt. Here’s what you can do .

There are few challenges facing students more daunting than paying for college. This guide can help you make sense of it all .

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Definition of assignment noun from the Oxford Advanced American Dictionary

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Find the answers with Practical English Usage online, your indispensable guide to problems in English.

• 2 [ uncountable ] the act of giving something to someone; the act of giving someone a particular task his assignment to other duties in the same company

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Who was Mr Irrelevant 2024? Alabama's Jaylen Key selected with final pick of 2024 NFL Draft

Oddly enough, perhaps the most notable pick on the third and final day of the NFL draft has become the final one .

The last pick of the seventh round of the NFL draft is annually one of the most anticipated selections of the draft, with the player taken in that spot even earning his own nickname: Mr. Irrelevant .

It comes with more than just a moniker. Whoever becomes Mr. Irrelevant earns a week-long trip to Newport Beach, California, where they get a visit to Disneyland, play in a golf tournament, are the subject of a roast and are presented with what’s known as the Lowsman Trophy, which is modeled after the Heisman Trophy, but features a player fumbling the ball.

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In recent years, the designation has taken on a greater importance, interest and significance after Iowa State’s Brock Purdy was selected with the No. 262 overall and final pick of the 2022 NFL Draft. Since then, Purdy has become the starting quarterback of the San Francisco 49ers, led them to consecutive NFC championship games and helped guide them to Super Bowl LVIII, where they lost in overtime to the Kansas City Chiefs.

REQUIRED READING: Mr. Irrelevant list: Who will join Brock Purdy as last pick in NFL draft?

Purdy’s early success in the NFL has not only already made him the most famous Mr. Irrelevant, but it has turned a pick that was something of a joke for decades into one of genuine intrigue. Is the person being taken with the draft’s final selection someone who could make a similar impact to Purdy?

What does that mean for the 2024 NFL Draft as festivities wind down Saturday in Detroit?

Here’s a look at 2024’s Mr. Irrelevant:

Who was Mr. Irrelevant 2024?

In the seventh round of the 2024 NFL Draft, the New York Jets selected Alabama safety Jaylen Key with the No. 257 overall pick, making him this year’s Mr. Irrelevant.

Key played his first four college seasons at UAB, where he was an honorable mention all-Conference USA selection in 2022.

From there, the Quincy, Florida native transferred to Alabama, where he earned a starting spot for the Crimson Tide in what would be legendary coach Nick Saban’s final season at the helm. The 6-foot-2, 210-pound Key finished the season with 60 tackles, 1.5 tackles for loss, a pass break-up and an interception. He was a part of the nation’s No. 16 scoring defense, one that helped lead the Crimson Tide to the College Football Playoff, where it lost to eventual national champion Michigan.

He was the sixth defensive player from Alabama drafted in 2024.

Key becomes the second Mr. Irrelevant ever from Alabama, joining cornerback Ramzee Robinson, who was the No. 255 and final pick in the 2007 NFL Draft. Given that, there’s a bit of symmetry with the Tide’s place in Mr. Irrelevant lore. The final pick of the draft before Saban’s first season in Tuscaloosa and the final pick of the draft after his retirement were both from Alabama.

REQUIRED READING: Mr. Irrelevant: Alabama safety Jaylen Key joins Brock Purdy as last pick in NFL draft

Who came up with the term Mr. Irrelevant?

The term by which the final pick of every NFL draft is now known was first coined by Paul Salata, a former wide receiver who played at USC collegiately and with the San Francisco 49ers and Baltimore Colts in the NFL.

Salata came up with the idea for Mr. Irrelevant in 1976. After getting the necessary approval from NFL commissioner Pete Rozelle, Salata raised money to fly the final pick of the draft — that year, it was Kelvin Kirk of the Pittsburgh Steelers — to Newport Beach for a week of festivities.

Though the title “Mr. Irrelevant” could be construed as an insult, Salata meant for it to be an honor and a moment of publicity for someone whose realization of a hard-earned, lifelong dream might otherwise be overlooked.

"Everyone who is drafted works hard, and some of them don’t get any recognition," Salata said to The New York Times in 2017 . "They do their work and should be noticed."

Sometimes, those players even go on to successful NFL careers. Earlier this year, Purdy became the third Mr. Irrelevant to appear in a Super Bowl and each of the past 11 Mr. Irrelevants heading into this season have played in an NFL game.

This article originally appeared on Detroit Free Press: Who was Mr Irrelevant 2024? Alabama's Jaylen Key selected with final pick of 2024 NFL Draft