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Ultimate Checklist for Understanding Contract Assignment Rules

February 28, 2024
Moton Legal Group

In contracts, understanding assignment is key. Simply put, an assignment in contract law is when one party (the assignor) transfers their rights and responsibilities under a contract to another party (the assignee). This can include anything from leasing agreements to business operations. But why is this important? It’s because it allows for flexibility in business and personal dealings, a critical component in our world.

Here’s a quick rundown: – Contract Basics: The foundational agreements between parties. – Assignment Importance: Allowing the transfer of obligations and benefits to keep up with life’s changes.

Contracts are a staple in both personal and business worlds, acting as the backbone to many transactions and agreements encountered daily. Understanding the nuances, like assignments, can empower you to navigate these waters with confidence and ease. Whether you’re a business owner in the Southeast looking to expand or an individual managing personal agreements, grasp these basics, and you’re on the right path.

Detailed infographic on the concept of contract assignment in law, explaining the roles of the assignor and assignee, the process of an actual assignment, and a visual representation of the transfer of rights and obligations under a contract. - assignment in contract law infographic process-5-steps-informal

Understanding Contract Assignment

Contract Assignment sounds complicated, right? But, let’s break it down into simple terms. In contracts and legal agreements, knowing about assignment can save you a lot of headaches down the road. Whether you’re a business owner, a landlord, or just someone who deals with contracts, this is for you.

Legal Definition

At its core, contract assignment is about transferring rights or obligations under a contract from one party to another. Think of it as passing a baton in a relay race. The original party (the assignor) hands off their responsibilities or benefits to someone else (the assignee). But, there’s a twist – the race keeps going with the new runner without starting over.

Contract Law

In contract law, assignment comes into play in various ways. For example, if you’re a freelancer and you’ve agreed to complete a project but suddenly find yourself overbooked, you might assign that contract to another freelancer. This way, the job gets done, and your client is happy. However, not all contracts can be freely assigned. Some require the other party’s consent, and others can’t be assigned at all, especially if they involve personal skills or confidential trust.

Property Law

When it comes to property law, assignment often surfaces in landlord-tenant relationships. Say you’re renting a shop for your business, but you decide to move. If your lease allows it, you might assign your lease to another business. This means they take over your lease, stepping into your shoes, with all the rights and obligations that come with it.

The concept might seem straightforward, but there are important legal requirements and potential pitfalls to be aware of. For instance, an assignment could be prohibited by the contract itself, or it may significantly change the original deal’s terms in a way that’s not allowed. Plus, when you’re dealing with something that requires a unique skill set, like an artist or a consultant, those services typically can’t be passed on to someone else without agreement from all parties involved.

To navigate these complexities, understanding the fundamentals of assignment in contract law and property law is crucial. It ensures that when you’re ready to pass that baton, you’re doing it in a way that’s legal, effective, and doesn’t leave you tripping up before you reach the finish line.

The goal here is to make sure everyone involved understands what’s happening and agrees to it. That way, assignments can be a useful tool to manage your contracts and property agreements, keeping things moving smoothly even when changes come up.

For more detailed exploration on this topic, consider checking the comprehensive guide on Assignment (law)). This resource dives deeper into the nuances of contract assignment, offering insights and examples that can help clarify this complex area of law.

By grasping these basics, you’re well on your way to mastering the art of contract assignment. Whether you’re dealing with leases, business deals, or any agreement in between, knowing how to effectively assign a contract can be a game-changer.

Key Differences Between Assignment and Novation

When diving into contracts, two terms that often cause confusion are assignment and novation . While both deal with transferring obligations and rights under a contract, they are fundamentally different in several key aspects. Understanding these differences is crucial for anyone involved in contract management or negotiation.

Rights Transfer

Assignment involves the transfer of benefits or rights from one party (the assignor) to another (the assignee). However, it’s important to note that only the benefits of the contract can be assigned, not the burdens. For instance, if someone has the right to receive payments under a contract, they can assign this right to someone else.

Novation , on the other hand, is more comprehensive. It involves transferring both the rights and obligations under a contract from one party to a new party. With novation, the original party is completely released from the contract, and a new contractual relationship is formed between the remaining and the new party. This is a key distinction because, in novation, all parties must agree to this new arrangement.

Obligations Transfer

Assignment doesn’t transfer the original party’s obligations under the contract. The assignor (the original party who had the rights under the contract) might still be liable if the assignee fails to fulfill the contract terms.

In contrast, novation transfers all obligations to the new party. Once a novation is complete, the new party takes over all rights and obligations, leaving the original party with no further legal liabilities or rights under the contract.

Written Agreement

While assignments can sometimes be informal or even verbal, novation almost always requires a written agreement. This is because novation affects more parties’ rights and obligations and has a more significant impact on the contractual relationship. A written agreement ensures that all parties are clear about the terms of the novation and their respective responsibilities.

In practice, the need for a written agreement in novation serves as a protection for all parties involved. It ensures that the transfer of obligations is clearly documented and legally enforceable.

For example, let’s say Alex agrees to paint Bailey’s house for $1,000. Later, Alex decides they can’t complete the job and wants Chris to take over. If Bailey agrees, they can sign a novation agreement where Chris agrees to paint the house under the same conditions. Alex is then relieved from the original contract, and Chris becomes responsible for completing the painting job.

Understanding the difference between assignment and novation is critical for anyone dealing with contracts. While both processes allow for the transfer of rights or obligations, they do so in different ways and with varying implications for all parties involved. Knowing when and how to use each can help ensure that your contractual relationships are managed effectively and legally sound.

For further in-depth information and real-life case examples on assignment in contract law, you can explore detailed resources such as Assignment (law) on Wikipedia).

Next, we’ll delve into the legal requirements for a valid assignment, touching on express prohibition, material change, future rights, and the rare skill requirement. Understanding these will further equip you to navigate the complexities of contract assignments successfully.

Legal Requirements for a Valid Assignment

When dealing with assignment in contract law , it’s crucial to understand the legal backbone that supports a valid assignment. This ensures that the assignment stands up in a court of law if disputes arise. Let’s break down the must-know legal requirements: express prohibition, material change, future rights, and rare skill requirement.

Express Prohibition

The first stop on our checklist is to look for an express prohibition against assignment in the contract. This is a clause that outright states assignments are not allowed without the other party’s consent. If such language exists and you proceed with an assignment, you could be breaching the contract. Always read the fine print or have a legal expert review the contract for you.

Material Change

Next up is the material change requirement. The law states that an assignment cannot significantly alter the duties, increase the burdens, or impair the chances of the other party receiving due performance under the contract. For instance, if the contract involves personal services tailored to the specific party, assigning it to someone else might change the expected outcome, making such an assignment invalid.

Future Rights

Another important aspect is future rights . The rule here is straightforward: you can’t assign what you don’t have. This means that a promise to assign rights you may acquire in the future is generally not enforceable at present. An effective assignment requires that the rights exist at the time of the assignment.

Rare Skill Requirement

Lastly, let’s talk about the rare skill requirement . Some contracts are so specialized that they cannot be assigned to another party without compromising the contract’s integrity. This is often the case with contracts that rely on an individual’s unique skills or trust. Think of an artist commissioned for a portrait or a lawyer hired for their specialized legal expertise. In these scenarios, assignments are not feasible as they could severely impact the contract’s intended outcome.

Understanding these legal requirements is pivotal for navigating the complexities of assignment in contract law. By ensuring compliance with these principles, you can effectively manage contract assignments, safeguarding your interests and those of the other contracting party.

For anyone looking to delve deeper into the intricacies of contract law, you can explore detailed resources such as Assignment (law) on Wikipedia).

Moving forward, we’ll explore the common types of contract assignments, from landlord-tenant agreements to business contracts and intellectual property transfers. This will give you a clearer picture of how assignments work across different legal landscapes.

Common Types of Contract Assignments

When we dive into assignment in contract law , we find it touches nearly every aspect of our business and personal lives. Let’s simplify this complex topic by looking at some of the most common types of contract assignments you might encounter.

Landlord-Tenant Agreements

Imagine you’re renting a fantastic apartment but have to move because of a new job. Instead of breaking your lease, you can assign your lease to someone else. This means the new tenant takes over your lease, including rent payments and maintenance responsibilities. However, it’s crucial that the landlord agrees to this switch. If done right, it’s a win-win for everyone involved.

Landlord and tenant shaking hands - assignment in contract law

Business Contracts

In the business world, contract assignments are a daily occurrence. For example, if a company agrees to provide services but then realizes it’s overbooked, it can assign the contract to another company that can fulfill the obligations. This way, the project is completed on time, and the client remains happy. It’s a common practice that ensures flexibility and efficiency in business operations.

Intellectual Property

Intellectual property (IP) assignments are fascinating and complex. If an inventor creates a new product, they can assign their patent rights to a company in exchange for a lump sum or royalties. This transfer allows the company to produce and sell the invention, while the inventor benefits financially. However, it’s critical to note that with trademarks, the goodwill associated with the mark must also be transferred to maintain its value.

Patent documents and invention sketches - assignment in contract law

Understanding these types of assignments helps clarify the vast landscape of contract law. Whether it’s a cozy apartment, a crucial business deal, or a groundbreaking invention, assignments play a pivotal role in ensuring these transitions happen smoothly.

As we navigate through the realm of contract assignments, each type has its own set of rules and best practices. The key is to ensure all parties are on the same page and that the assignment is executed properly to avoid any legal pitfalls.

Diving deeper into the subject, next, we will explore how to execute a contract assignment effectively, ensuring all legal requirements are met and the process runs as smoothly as possible.

How to Execute a Contract Assignment Effectively

Executing a contract assignment effectively is crucial to ensure that all legal requirements are met and the process runs smoothly. Here’s a straightforward guide to help you navigate this process without any hiccups.

Written Consent

First and foremost, get written consent . This might seem like a no-brainer, but it’s surprising how often this step is overlooked. If the original contract requires the consent of the other party for an assignment to be valid, make sure you have this in black and white. Not just a handshake or a verbal agreement. This ensures clarity and avoids any ambiguity or disputes down the line.

Notice of Assignment

Next up, provide a notice of assignment to all relevant parties. This is not just common courtesy; it’s often a legal requirement. It informs all parties involved about the change in the assignment of rights or obligations under the contract. Think of it as updating your address with the post office; everyone needs to know where to send the mail now.

Privity of Estate

Understanding privity of estate is key in real estate transactions and leases. It refers to the legal relationship that exists between parties under a contract. When you assign a contract, the assignee steps into your shoes, but the original terms of the contract still apply. This means the assignee needs to be aware of and comply with the original agreement’s requirements.

Secondary Liability

Lastly, let’s talk about secondary liability . Just because you’ve assigned a contract doesn’t always mean you’re off the hook. In some cases, the original party (the assignor) may still hold some liability if the assignee fails to perform under the contract. It’s essential to understand the terms of your assignment agreement and whether it includes a release from liability for the assignor.

Executing a contract assignment effectively is all about dotting the I’s and crossing the T’s . By following these steps—securing written consent, issuing a notice of assignment, understanding privity of estate, and clarifying secondary liability—you’re setting yourself up for a seamless transition.

The goal is to ensure all parties are fully informed and agreeable to the changes being made. This not only helps in maintaining good relationships but also in avoiding potential legal issues down the line.

We’ll dive into some of the frequently asked questions about contract assignment to clear any lingering doubts.

Frequently Asked Questions about Contract Assignment

When navigating contracts, questions often arise, particularly about the concepts of assignment and novation. Let’s break these down into simpler terms.

What does assignment of a contract mean?

In the realm of assignment in contract law , think of assignment as passing the baton in a relay race. It’s where one party (the assignor) transfers their rights and benefits under a contract to another party (the assignee). However, unlike a relay race, the original party might still be on the hook for obligations unless the contract says otherwise. It’s like handing off the baton but still running alongside the new runner just in case.

Is an assignment legally binding?

Absolutely, an assignment is as binding as a pinky promise in the playground – but with legal muscle behind it. Once an assignment meets the necessary legal criteria (like not significantly changing the obligor’s duties or having express consent if required), it’s set in stone. This means both the assignee and the assignor must honor this transfer of rights or face potential legal actions. It’s a serious commitment, not just a casual exchange.

What is the difference between assignment and novation?

Now, this is where it gets a bit more intricate. If assignment is passing the baton, novation is forming a new team mid-race. It involves replacing an old obligation with a new one or adding a new party to take over an old one’s duties. Crucially, novation extinguishes the old contract and requires all original and new parties to agree. It’s a clean slate – the original party walks away, and the new party steps in, no strings attached.

While both assignment and novation change the playing field of a contract, novation requires a unanimous thumbs up from everyone involved, completely freeing the original party from their obligations. On the other hand, an assignment might leave the original party watching from the sidelines, ready to jump back in if needed.

Understanding these facets of assignment in contract law is crucial, whether you’re diving into a new agreement or navigating an existing one. Knowledge is power – especially when it comes to contracts.

As we wrap up these FAQs, the legal world of contracts is vast and sometimes complex, but breaking it down into bite-sized pieces can help demystify the process and empower you in your legal undertakings.

Here’s a helpful resource for further reading on the difference between assignment and cession.

Now, let’s continue on to the conclusion to tie all these insights together.

Navigating assignment in contract law can seem like a daunting task at first glance. However, with the right information and guidance, it becomes an invaluable tool in ensuring that your rights and obligations are protected and effectively managed in any contractual relationship.

At Moton Legal Group, we understand the intricacies of contract law and are dedicated to providing you with the expertise and support you need to navigate these waters. Whether you’re dealing with a straightforward contract assignment or facing more complex legal challenges, our team is here to help. We pride ourselves on our ability to demystify legal processes and make them accessible to everyone.

The key to successfully managing any contract assignment lies in understanding your rights, the obligations involved, and the potential impacts on all parties. It’s about ensuring that the assignment is executed in a way that is legally sound and aligns with your interests.

If you’re in need of assistance with a contract review, looking to understand more about how contract assignments work, or simply seeking legal advice on your contractual rights and responsibilities, Moton Legal Group is here for you. Our team of experienced attorneys is committed to providing the clarity, insight, and support you need to navigate the complexities of contract law with confidence.

For more information on how we can assist you with your contract review and other legal needs, visit our contract review service page .

In the constantly evolving landscape of contract law, having a trusted legal partner can make all the difference. Let Moton Legal Group be your guide, ensuring that your contractual dealings are handled with the utmost care, professionalism, and expertise. Together, we can navigate the complexities of contract law and secure the best possible outcomes for your legal matters.

Thank you for joining us on this journey through the fundamentals of assignment in contract law. We hope you found this information helpful and feel more empowered to handle your contractual affairs with confidence.

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And #11 Successful Students Learn Independently

16 Dealing With Assignments

Understanding your first assignment.

The number of assignments you will receive in a semester often surprises students. For some students, figuring out how to manage assignments is a new experience. For others who have had assignments in the past, the amount of work needed to complete assignments at the college level is what is unexpected. Most of the assignments you will receive will take longer than one session of study to complete. You will likely need to work on your assignment over several days or weeks. In this section, we will provide you with advice on how to understand the requirements of your assignment, and how to manage and track the tasks you will need to complete. We will provide you with some time management tips and an assignment tracker to try.

white printer paper with notes on white table

Assignment Terms

Assignment questions, outlines and marking schemes, breaking down large assignments.

How to breakdown assignments into tasks

Understand the assignment: Read the assignment instructions carefully, and make sure you understand what is required. If you do not understand what you need to do, ask your professor as soon as possible.
Create a task list: What are the smaller tasks you need to do to complete this assignment? Smaller tasks are activities like conducting research at the library or setting up group meetings for a group project.
Create a timeline: Create a timeline that includes all the tasks that need to be completed. Consider how much time you will need to complete that task and when you will work on it. Set due dates for each task.
Brainstorm ideas: Before you start writing, brainstorm ideas for the assignment. Think about the main points you want to cover, any research you need to do, and any supporting evidence you might need.
Create an outline: Once you have a list of ideas, create an outline for your assignment. An outline can help you organize your thoughts and make sure you cover all the necessary points.
Schedule time for research: Do your research before you begin writing. As you find sources, gather the information you will need to create a reference and take notes about essential information the source will provide and where this information fits in with your outline.
Schedule time for revision: Plan to review your work before you submit. This can include checking your work against the assignment instructions or rubric, making changes to the content, and proofreading.

Here is an example of this process:

Key Takeaway from video

Breaking down a large or medium-sized assignment into smaller pieces can help reduce stress, ensure completion of all parts of the assignment, and allow you to get other important tasks done too.

Using an Assignment Tracker

Time Management Considerations

Time management is the practice of organizing and prioritizing one’s activities and tasks effectively in order to maximize productivity and achieve one’s goals. For college students, time management involves creating a plan for allocating their time efficiently and balancing academic responsibilities with social activities, work, and personal obligations. It requires identifying tasks and goals, setting realistic deadlines, and using tools such as schedules, to-do lists, and reminders to stay on track. Effective time management helps students to reduce stress, increase productivity, and achieve academic success while still enjoying a balanced lifestyle.

Procrastination: Students tend to put off starting a large writing assignment until the last minute, leaving themselves with insufficient time to complete the assignment.
Lack of Planning: Many students do not adequately plan their time for the writing process, which can result in poor time management and a lower quality of work.
Perfectionism: Students may spend too much time trying to perfect every aspect of their writing, which can lead to time wastage and increased stress.
Break the Task into Smaller Parts: Instead of attempting to complete the entire assignment in one sitting, break it down into smaller, more manageable parts, and set specific deadlines for each.
Create a Schedule: Create a schedule for the writing process and stick to it. This will help you stay on track and ensure that you have enough time to complete the assignment.
Avoid Distractions: Avoid any distractions that can lead to time wastage, such as social media, television, and video games.
Set Priorities: Set priorities for your writing tasks, focusing on the most critical aspects of the assignment first.
Use Writing Tools : Utilize writing tools such as spell check, grammar check, and citation generators to save time and reduce the need for extensive revisions.
Take Breaks: Taking regular breaks can help you stay focused and prevent burnout, ensuring that you produce your best work.

Avoiding Procrastination

Key Takeaways

Want more? The Learning Portal has more ideas for Managing Assignments.

A Guide for Successful Students 2nd ed. Copyright © 2023 by Irene Stewart, Aaron Maisonville, and Nicolai Zriachev, St. Clair College is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License , except where otherwise noted.

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assignments basic law

Assignments: The Basic Law

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

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

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

Basic Definitions and Concepts:

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

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

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

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

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

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

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

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

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

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

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

Novation Compared to Assignment:

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

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

Equitable Assignments:

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

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

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

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

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

Enforceability of Assignments:

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

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

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

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

Assignment of Contractual Rights:

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

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

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

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

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

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

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

Noncompete Clauses and Assignments:

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

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

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

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

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

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

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

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

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

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

Conclusion:

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

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

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

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

11 Ways to Deal With Homework Overload

Last Updated: August 17, 2024 Fact Checked

Making a Plan

Staying motivated, starting good homework habits, expert q&a.

This article was co-authored by Jennifer Kaifesh . Jennifer Kaifesh is the Founder of Great Expectations College Prep, a tutoring and counseling service based in Southern California. Jennifer has over 15 years of experience managing and facilitating academic tutoring and standardized test prep as it relates to the college application process. She takes a personal approach to her tutoring, and focuses on working with students to find their specific mix of pursuits that they both enjoy and excel at. She is a graduate of Northwestern University. There are 7 references cited in this article, which can be found at the bottom of the page. This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources. This article has been viewed 257,584 times.

A pile of homework can seem daunting, but it’s doable if you make a plan. Make a list of everything you need to do, and work your way through, starting with the most difficult assignments. Focus on your homework and tune out distractions, and you’ll get through things more efficiently. Giving yourself breaks and other rewards will help you stay motivated along the way. Don’t be afraid to ask for help if you get stuck! Hang in there, and you’ll knock the homework out before you know it.

Things You Should Know

Create a checklist of everything you have to do, making sure to include deadlines and which assignments are a top priority.
Take a 15-minute break for every 2 hours of studying. This can give your mind a break and help you feel more focused.
Make a schedule of when you plan on doing your homework and try to stick to it. This way, you won’t feel too overwhelmed as the assignments roll in.

Step 1 Create a checklist of the tasks you have.

Make a plan to go through your work bit by bit, saving the easiest tasks for last.

Step 3 Work in a comfortable but distraction-free place.

Put phones and any other distractions away. If you have to do your homework on a computer, avoid checking your email or social media while you are trying to work.
Consider letting your family (or at least your parents) know where and when you plan to do homework, so they'll know to be considerate and only interrupt if necessary.

If you have the option to do your homework in a study hall, library, or other place where there might be tutors, go for it. That way, there will be help around if you need it. You'll also likely wind up with more free time if you can get work done in school.

To take a break, get up and move away from your workspace. Walk around a bit, and get a drink or snack.
Moving around will recharge you mentally, physically, and spiritually, so you’re ready to tackle the next part of your homework.

Step 2 Remind yourself of the big picture.

For instance, you might write “I need to do this chemistry homework because I want a good average in the class. That will raise my GPA and help me stay eligible for the basketball team and get my diploma.”
Your goals might also look something like “I’m going to write this history paper because I want to get better as a writer. Knowing how to write well and make a good argument will help me when I’m trying to enter law school, and then down the road when I hope to become a successful attorney.”

Try doing your homework as soon as possible after it is assigned. Say you have one set of classes on Mondays, Wednesdays, and Fridays, and another on Tuesdays and Thursdays. Do the Monday homework on Monday, instead of putting it off until Tuesday.
That way, the class will still be fresh in your mind, making the homework easier.
This also gives you time to ask for help if there’s something you don’t understand.

If you want to keep everyone accountable, write a pact for everyone in your study group to sign, like “I agree to spend 2 hours on Monday and Wednesday afternoons with my study group. I will use that time just for working, and won’t give in to distractions or playing around.”
Once everyone’s gotten through the homework, there’s no problem with hanging out.

Step 4 Let your teacher know if you’re having trouble keeping up.

Most teachers are willing to listen if you’re trying and legitimately have trouble keeping up. They might even adjust the homework assignments to make them more manageable.

Reader Videos

↑ https://www.understood.org/en/articles/homework-strategies
↑ https://kidshealth.org/en/teens/homework.html
↑ https://kidshelpline.com.au/kids/tips/dealing-with-homework
↑ https://kidshealth.org/en/teens/focused.html
↑ http://www.aiuniv.edu/blog/august-2014/tips-for-fighting-homework-fatigue
↑ https://kidshealth.org/en/parents/homework.html
↑ https://learningcenter.unc.edu/tips-and-tools/study-partners/

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A Few Ideas for Dealing with Late Work

August 4, 2019

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Most of my 9-week grading periods ended the same way: Me and one or two students, sitting in my quiet, empty classroom together, with me sitting at the computer, the students nearby in desks, methodically working through piles of make-up assignments. They would be focused, more focused than I’d seen them in months, and the speed with which they got through the piles was stunning.

As they finished each assignment I took it, checked it for accuracy, then entered their scores—taking 50 percent off for being late—into my grading program. With every entry, I’d watch as their class grade went up and up: from a 37 percent to a 41, then to 45, then to 51, and eventually to something in the 60s or even low 70s, a number that constituted passing, at which point the process would end and we’d part ways, full of resolve that next marking period would be different.

And the whole time I thought to myself, This is pointless . They aren’t learning anything at all. But I wasn’t sure what else to do.

For as long as teachers have assigned tasks in exchange for grades, late work has been a problem. What do we do when a student turns in work late? Do we give some kind of consequence or accept assignments at any time with no penalty? Do we set up some kind of system that keeps students motivated while still holding them accountable? Is there a way to manage all of this without driving ourselves crazy?

To find answers, I went to Twitter and asked teachers to share what works for them. What follows is a summary of their responses. I wish I could give individual credit to each person who offered ideas, but that would take way too long, and I really want you to get these suggestions now! If you’ve been unsatisfied with your own approach to late work, you should find some fresh ideas here.

First, a Few Questions About Your Grades

Before we get into the ways teachers manage late work, let’s back up a bit and consider whether your overall program of assignments and grading is in a healthy place. Here are some questions to think about:

What do your grades represent? How much of your grades are truly based on academic growth, and how much are based mostly on compliance? If they lean more toward compliance, then what you’re doing when you try to manage late work is basically a lot of administrative paper pushing, rather than teaching your content. Although it’s important for kids to learn how to manage deadlines, do you really want an A in your course to primarily reflect the ability to follow instructions? If your grades are too compliance-based, consider how you might shift things so they more accurately represent learning. (For a deeper discussion of this issue, read How Accurate Are Your Grades? )
Are you grading too many things? If you spend a lot of time chasing down missing assignments in order to get more scores in your gradebook, it could be that you’re grading too much. Some teachers only enter grades for major, summative tasks, like projects, major writing assignments, or exams. Everything else is considered formative and is either ungraded or given a very low point value for completion, not graded for accuracy; it’s practice . For teachers who are used to collecting lots of grades over a marking period, this will be a big shift, and if you work in a school where you’re expected to enter grades into your system frequently, that shift will be even more difficult. Convincing your students that ungraded practice is worthwhile because it will help their performance on the big things will be another hurdle. With all of that said, reducing the number of scored items will make your grades more meaningful and cut way down on the time you spend grading and managing late work.
What assumptions do you make when students don’t turn in work? I’m embarrassed to admit that when I first started teaching, I assumed most students with missing work were just unmotivated. Although this might be true for a small portion of students, I no longer see this as the most likely reason. Students may have issues with executive function and could use some help developing systems for managing their time and responsibilities. They may struggle with anxiety. Or they may not have the resources—like time, space, and technology—to consistently complete work at home. More attention has been paid lately to the fact that homework is an equity issue , and our policies around homework should reflect an understanding that all students don’t have access to the same resources once they leave school for the day. Punitive policies that are meant to “motivate” students don’t take any of these other issues into consideration, so if your late work penalties don’t seem to be working, it’s likely that the root cause is something other than a lack of motivation.
What kind of grading system is realistic for you ? Any system you put in place requires YOU to stay on top of grading. It would be much harder to assign penalties, send home reminders, or track lateness if you are behind on marking papers by a week, two weeks, even a month. So whatever you do, create a plan that you can actually keep up with.

Possible Solutions

1. penalties.

Many teachers give some sort of penalty to students for late work. The thinking behind this is that without some sort of negative consequence, too many students would wait until the end of the marking period to turn work in, or in some cases, not turn it in at all. When work is turned in weeks or even months late, it can lose its value as a learning opportunity because it is no longer aligned with what’s happening in class. On top of that, teachers can end up with massive piles of assignments to grade in the last few days of a marking period. This not only places a heavy burden on teachers, it is far from an ideal condition for giving students the good quality feedback they should be getting on these assignments.

Several types of penalties are most common:

Point Deductions In many cases, teachers simply reduce the grade as a result of the lateness. Some teachers will take off a certain number of points per day until they reach a cutoff date after which the work will no longer be accepted. One teacher who responded said he takes off 10 percent for up to three days late, then 30 percent for work submitted up to a week late; he says most students turn their work in before the first three days are over. Others have a standard amount that comes off for any late work (like 10 percent), regardless of when it is turned in. This policy still rewards students for on-time work without completely de-motivating those who are late, builds in some accountability for lateness, and prevents the teacher from having to do a lot of mathematical juggling with a more complex system.

Parent Contact Some teachers keep track of late work and contact parents if it is not turned in. This treats the late work as more of a conduct issue; the parent contact may be in addition to or instead of taking points away.

No Feedback, No Re-Dos The real value of homework and other smaller assignments should be the opportunity for feedback: Students do an assignment, they get timely teacher feedback, and they use that feedback to improve. In many cases, teachers allow students to re-do and resubmit assignments based on that feedback. So a logical consequence of late work could be the loss of that opportunity: Several teachers mentioned that their policy is to accept late work for full credit, but only students who submit work on time will receive feedback or the chance to re-do it for a higher grade. Those who hand in late work must accept whatever score they get the first time around.

2. A Separate Work Habits Grade

In a lot of schools, especially those that use standards-based grading, a student’s grade on an assignment is a pure representation of their academic mastery; it does not reflect compliance in any way. So in these classrooms, if a student turns in good work, it’s going to get a good grade even if it’s handed in a month late.

But students still need to learn how to manage their time. For that reason, many schools assign a separate grade for work habits. This might measure factors like adherence to deadlines, neatness, and following non-academic guidelines like font sizes or using the correct heading on a paper.

Although most teachers whose schools use this type of system will admit that students and parents don’t take the work habits grade as seriously as the academic grade, they report being satisfied that student grades only reflect mastery of the content.
One school calls their work habits grade a “behavior” grade, and although it doesn’t impact GPA, students who don’t have a certain behavior grade can’t make honor roll, despite their actual GPA.
Several teachers mentioned looking for patterns and using the separate grade as a basis for conferences with parents, counselors, or other stakeholders. For most students, there’s probably a strong correlation between work habits and academic achievement, so separating the two could help students see that connection.
Some learning management systems will flag assignments as late without necessarily taking points off. Although this does not automatically translate to a work habits grade, it indicates the lateness to students and parents without misrepresenting the academic achievement.

3. Homework Passes

Because things happen in real life that can throw anyone off course every now and then, some teachers offer passes students can use to replace a missed assignment.

Most teachers only offer these passes to replace low-point assignments, not major ones, and they generally only offer 1 to 3 passes per marking period. Homework passes can usually only recover 5 to 10 percent of a student’s overall course grade.
Other teachers have a policy of allowing students to drop one or two of their lowest scores in the gradebook. Again, this is typically done for smaller assignments and has the same net effect as a homework pass by allowing everyone to have a bad day or two.
One teacher gives “Next Class Passes” which allow students one extra day to turn in work. At the end of every marking period she gives extra credit points to students who still have unused passes. She says that since she started doing this, she has had the lowest rate ever of late work.

4. Extension Requests

Quite a few teachers require students to submit a written request for a deadline extension rather than taking points off. With a system like this, every student turns something in on the due date, whether it’s the assignment itself or an extension request.

Most extension requests ask students to explain why they were unable to complete the assignment on time. This not only gives the students a chance to reflect on their habits, it also invites the teacher to help students solve larger problems that might be getting in the way of their academic success.
Having students submit their requests via Google Forms reduces the need for paper and routes all requests to a single spreadsheet, which makes it easier for teachers to keep track of work that is late or needs to be regraded.
Other teachers use a similar system for times when students want to resubmit work for a new grade.

5. Floating Deadlines

Rather than choosing a single deadline for an assignment, some teachers assign a range of dates for students to submit work. This flexibility allows students to plan their work around other life activities and responsibilities.

Some teachers offer an incentive to turn in work in the early part of the time frame, such as extra credit or faster feedback, and this helps to spread out the submissions more evenly.
Another variation on this approach is to assign a batch of work for a whole week and ask students to get it in by Friday. This way, students get to manage when they get it done.
Other names mentioned for this strategy were flexible deadlines , soft deadlines , and due windows .

6. Let Students Submit Work in Progress

Some digital platforms, like Google Classroom, allow students to “submit” assignments while they are still working on them. This allows teachers to see how far the student has gotten and address any problems that might be coming up. If your classroom is mostly paper-based, it’s certainly possible to do this kind of thing with paper as well, letting students turn in partially completed work to demonstrate that an effort has been made and show you where they might be stuck.

7. Give Late Work Full Credit

Some teachers accept all late work with no penalty. Most of them agree that if the work is important, and if we want students to do it, we should let them hand it in whenever they get it done.

Some teachers fear this approach will cause more students to stop doing the work or delay submission until the end of a marking period, but teachers who like this approach say they were surprised by how little things changed when they stopped giving penalties: Most students continued to turn work in more or less on time, and the same ones who were late under the old system were still late under the new one. The big difference was that the teacher no longer had to spend time calculating deductions or determining whether students had valid excuses; the work was simply graded for mastery.
To give students an incentive to actually turn the work in before the marking period is over, some teachers will put a temporary zero in the gradebook as a placeholder until the assignment is turned in, at which point the zero is replaced with a grade.
Here’s a twist on the “no penalty” option: Some teachers don’t take points off for late work, but they limit the time frame when students can turn it in. Some will not accept late work after they have graded and returned an assignment; at that point it would be too easy for students to copy off of the returned papers. Others will only accept late work up until the assessment for the unit, because the work leading up to that is meant to prepare for that assessment.

8. Other Preventative Measures

These strategies aren’t necessarily a way to manage late work as much as they are meant to prevent it in the first place.

Include students in setting deadlines. When it comes to major assignments, have students help you determine due dates. They may have a better idea than you do about other big events that are happening and assignments that have been given in other classes.
Stop assigning homework. Some teachers have stopped assigning homework entirely, recognizing that disparities at home make it an unfair measurement of academic mastery. Instead, all meaningful work is done in class, where the teacher can monitor progress and give feedback as needed. Long-term projects are done in class as well, so the teacher is aware of which students need more time and why.
Make homework optional or self-selected. Not all students need the same amount of practice. You may be able to get your students to assess their own need for additional practice and assign that practice to themselves. Although this may sound far-fetched, in some classes, like this self-paced classroom , it actually works, because students know they will be graded on a final assessment, they get good at determining when they need extra practice.

With so many different approaches to late work, what’s clear is that there are a lot of different schools of thought on grading and assessment, so it’s not a surprise that we don’t always land on the best solution on the first try. Experiment with different systems, talk to your colleagues, and be willing to try something new until you find something that works for you.

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Categories: Classroom Management , Instruction , Podcast

Tags: assessment , organization

53 Comments

I teach high school science (mine is a course that does not have an “end of course” test so the stakes are not as high) and I teach mostly juniors and seniors. Last year I decided not to accept any late work whatsoever unless a student is absent the day it is assigned or due (or if they have an accomodation in a 504 or IEP – and I may have had one or two students with real/documented emergencies that I let turn in late.) This makes it so much easier on me because I don’t have to keep up with how many days/points to deduct – that’s a nightmare. It also forces them to be more responsible. They usually have had time to do it in class so there’s no reason for it to be late. Also, I was very frustrated with homework not being completed and I hated having to grade it and keep up with absent work. So I don’t “require” homework (and rarely assign it any more) but if students do ALL (no partial credit) of it they get a 100% (small point value grade), if they are absent or they don’t do it they are exempt. So it ends up being a sort of extra credit grade but it does not really penalize students who don’t do it. When students ask me for extra credit (which I don’t usually give), the first thing I ask is if they’ve done all the homework assigned. That usually shuts down any further discussion. I’ve decided I’m not going to spend tons of time chasing and calculating grades on small point values that do not make a big difference in an overall grade. 🙂

Do I understand correctly….

Homework is not required. If a student fully completes the HW, they will earn full points. If the student is absent or doesn’t do it, they are excused. Students who do complete the HW will benefit a little bit in their overall grade, but students who don’t compete the work will not be penalized. Did I understand it correctly?

Do you stipulate that a student must earn a certain % on the assignment to get the full points? What about a student who completed an assignment but completes the entire thing incorrectly? Still full credit? Or an opportunity to re-do?

Thank you in advance.

From reading this blog post I was thinking the same thing. When not penalizing students for homework do you have students who do turn it in getting extra points in class?

From what I have seen, if there is a benefit for turning in homework and students see this benefit more will try to accomplish what the homework is asking. So avoid penalization is okay, but make sure the ones turning it in are getting rewarded in some way.

The other question regarding what to do with students who may not be completing the assignments correctly, you could use this almost as a formative assessment. You could still give them the credit but use this as a time for you to focus on that student a little more and see where he/she isn’t understanding the content.

Our school has a system called Catch Up Cafe. Students with missing work report to a specific teacher during the first 15 minutes of lunch to work on missing work. Students upgrade to a Wednesday after school time if they have accumulated 4 or more missing assignments on any Monday. They do not have to serve if they can clear ALL missing work by the end of the day Wednesday. Since work is not dragging out for a long period of time, most teachers do not take off points.

How do you manage the logistics of who has missing and how many assignments are needed to be completed-to make sure they are attending the Catch up Cafe or Wednesday after school? How do you manage the communication with parents?

When a student has missing work it can be very difficult to see what he/she is missing. I always keep a running record of all of their assignments that quarter and if they miss that assigement I keep it blank to remind myself there was never a submission. Once I know that this student is missing this assignment I give them their own copy and write at the top late. So once they do turn it in I know that it’s late and makes grading it easier.

There are a lot of different programs that schools use but I’ve always kept a paper copy so I have a back-up.

I find that the worst part of tracking make-up work is keeping tabs on who was absent for a school activity, illness or other excused absence, and who just didn’t turn in the assignment. I obviously have to accept work turned in “late” due to an excused absence, but I can handle the truly late work however I wish. Any advice on simplifying tracking for this?

I tell my students to simply write “Absent (day/s)” at the top of the paper. I remind them of this fairly regularly. That way, if they were absent, it’s their responsibility to notify me, and it’s all together. If you create your own worksheets, etc., you could add a line to the top as an additional reminder.

It might be worth checking out Evernote .

In order to keep track of what type of missing assignments, I put a 0 in as a grade so students and parents know an assignment was never submitted. If a student was here on the due date and day assignment was given then it is a 0 in the grade book. If a student was absent the day the assignment was given or when it was due, I put a 00 in the grade book. This way I know if it was because of an absence or actual no work completed.

This is exactly what I do. Homework can only count 10% in our district. Claims that kids fail due to zeros for homework are specious.

This is SUCH a difficult issue and I have tried a few of the suggested ways in years past. My questions is… how do we properly prepare kids for college while still being mindful of the inequities at home? We need to be sure that we are giving kids opportunity, resources, and support, but at the same time if we don’t introduce them to some of the challenges they will be faced with in college (hours of studying and research and writing regardless of the hours you might have to spend working to pay that tuition), are we truly preparing them? I get the idea of mastery of content without penalty for late work and honestly that is typically what I go with, but I constantly struggle with this and now that I will be moving from middle to high school, I worry even more about the right way to handle late work and homework. I don’t want to hold students back in my class by being too much of a stickler about seemingly little things, but I don’t want to send them to college unprepared to experience a slap in the face, either. I don’t want to provide extra hurdles, but how do I best help them learn how to push through the hurdles and rigor if they aren’t held accountable? I always provide extra time after school, at lunch, etc., and have also experienced that end of term box checking of assignments in place of a true learning experience, but how do we teach them the importance of using resources, asking for help, allowing for mistakes while holding them to standards and learning work habits that will be helpful to them when they will be on their own? I just don’t know where the line is between helping students learn the value of good work habits and keeping them from experiencing certain challenges they need to understand in order to truly get ahead.

Thanks for sharing – I can tell how much you care for your students, wanting them to be confident independent learners. What I think I’m hearing is perhaps the struggle between that fine line of enabling and supporting. When supporting kids, whether academically or behaviorally, we’re doing something that assists or facilitates their growth. So, for example, a student that has anxiety or who doesn’t have the resources at home to complete an assignment, we can assist by giving that student extra time or an alternative place to complete the assignment. This doesn’t lower expectations, it just offers support to help them succeed.

Enabling on the other hand, puts systems in place that don’t involve consequences, which in turn allow the behaviors to continue. It involves excuses and solving problems for others. It may be about lowering expectations and letting people get by with patterns of behavior.

Late work is tricky. The article does mention the importance of time management, which is why separating academic grades from work habits is something a lot of schools are doing. Sometimes real life happens and kids need a “pass.” If whatever you’re doing seems to be helping to support a student rather than enabling patterns, then that might help you distinguish between that fine line. Hope this helps!

Thank you again for such a great post. Always high-quality, relevant, and helpful. I so appreciate you and the work you do!

So glad to hear you enjoyed the post, Liz! I’ll make sure Jenn sees this.

I thought that these points brought up about receiving late work were extremely helpful and I hope that every classroom understands how beneficial these strategies could be.

When reading the penalties section under point deductions it brought up the idea of taking points off slowly as time goes by. Currently in my classroom the only point deduction I take off is 30% of the total grade after it is received late. No matter how much time has gone by in that grading period it will have 30% off the total.

I’m curious if changing this technique to something that would increase the percentage off as time goes by will make students turn in their work on time.

My question to everyone is which grading technique would be more beneficial for the students? Do you believe that just taking off 30% for late work would help students more when turning in their work or do you think that as time goes by penalizing their final score will have students turn in their work more?

If anyone has any answers it would be extremely beneficial.

Thank you, Kirby

When I was in school my school did 1/3 of a grade each day it was like. So 1 day late A >A-. Two days late: A->>B+ so on and so forth. This worked really well for me because I knew that I could still receive a good grade if I worked hard on an assignment, even if it was a day or two late.

I dread it when I have missing work or unsubmitted work. I would try to get a last-minute effort to chase those needed pieces of work which could be done from those students housed in dorms on campus. It is better than not failing them for lacking to turn in graded submissions or taking scheduled quizzes. I dread this not for the students, sadly, but for likely call to explain why I did not keep physical evidence of students’ supposed learning. In my part of the globe, we have a yearly “quality assurance” audit by the country’s educational authorities or their representatives.

I am a pre-service teacher and I am in the process of developing my personal philosophies in education, including the topic of late work. I will be certified as a secondary social studies teacher and would like to teach in a high school. Your post brought my attention to some important insights about the subject. For example, before this post I had not thought to use feedback as a way to incentivize homework submission on time. This action coupled with the ability to re-do assignments is a great way to emphasize the importance of turning work in on time. I do have a follow-up question, how do you adequately manage grading re-do’s and feedback on all assignments? What kinds of organizational and time-management strategies do you use as a teacher? Further, how much homework do you assign when providing this as an option?

Additionally, have you administered or seen the no penalty and homework acceptance time limit in practice (for example, all homework must be turned in by the unit test)? I was curious if providing a deadline to accept all homework until the unit test may result in an access of papers I need to grade. From your experience, what practice(s) have you seen work well in the classroom?

My goal is to prepare students for life beyond high school and to support their intellectual, social, and emotional development during their high school learning experience. Similar to a previous commenter (Kate), I am also trying to define a balance between holding students accountable in order to best prepare them for their future lives and providing opportunities to raise their grade if they are willing to do the work.

Hey Jessica, you have some great questions. I’d recommend checking out the following blog posts from Jenn that will help you learn more about keeping track of assessments, differentiation, and other aspects of grading: Kiddom: Standards-based Grading Made Wonderful , Could You Teach Without Grades , Boost Your Assessment Power with GradeCam , and Four Research-Based Strategies Every Teacher Should be Using . I hope this helps you find answers to your questions!

Overall I found this article extremely helpful and it actually reinforced many ideas I already had about homework and deadlines. One of my favorite teachers I had in high school was always asking for our input on when we felt assignments should be due based on what extra curricular activities were taking place in a given time period. We were all extremely grateful for his consideration and worked that much harder on the given assignments.

While it is important to think about our own well-being when grading papers, I think it is just as important (if not more) to be conscious of how much work students might have in other classes or what students schedules are like outside of school. If we really want students to do their best work, we need to give them enough time to do the work. This will in turn, help them care more about the subject matter and help them dive deeper. Obviously there still needs to be deadlines, but it does not hurt to give students some autonomy and say in the classroom.

Thanks for your comment Zach. I appreciate your point about considering students’ involvement in extracurricular activities and other responsibilities they may have outside the school day. It’s definitely an important consideration. The only homework my son seemed to have in 8th grade was for his history class. I agree that there’s a need for teachers to maintain more of a balance across classes when it comes to the amount of homework they give to students.

Thank you for an important, thought-provoking post! As a veteran teacher of 20+ years, I have some strong opinions about this topic. I have always questioned the model of ‘taking points off’ for late work. I do not see how this presents an accurate picture of what the student knows or can do. Shouldn’t he be able to prove his knowledge regardless of WHEN? Why does WHEN he shows you what he knows determine WHAT he knows?

Putting kids up against a common calendar with due dates and timelines, regardless of their ability to learn the material at the same rate is perhaps not fair. There are so many different situations facing our students – some students have challenges and difficulty with deadlines for a plethora of potential reasons, and some have nothing but support, structure, and time. When it comes to deadlines – Some students need more time. Other students may need less time. Shouldn’t all students have a chance to learn at a pace that is right for them? Shouldn’t we measure student success by demonstrations of learning instead of how much time it takes to turn in work? Shouldn’t students feel comfortable when it is time to show me what they’ve learned, and when they can demonstrate they’ve learned it, I want their grade to reflect that.

Of course we want to teach students how to manage their time. I am not advocating for a lax wishy-washy system that allows for students to ‘get to it when they get to it’. I do believe in promoting work-study habits, and using a separate system to assign a grade for responsibility, respect, management, etc is a potential solution. I understand that when introducing this type of system, it may be tough to get buy-in from parents and older students who have traditionally only looked at an academic grade because it is the only piece of the puzzle that impacts GPA. Adopting a separate work-study grading system would involve encouraging the entire school community – starting at the youngest level – to see its value. It would be crucial for the school to promote the importance of high level work-study habits right along side academic grades.

I teach a specials course to inner city middle schoolers at a charter school. All students have to take my class since it is one of the core pillars of the school’s culture and mission. Therefore it is a double edge sword. Some students and parents think it is irrelevant like an art or music class but will get upset to find out it isn’t just an easy A class. Other students and parents love it because they come to our charter school just to be in this class that isn’t offered anywhere else in the state, except at the college level.

As you may have already guessed, I see a lot of students who don’t do the work. So much that I no longer assign homework, which the majority would not be able to do independently anyways or may develop the wrong way of learning the material, due to the nature of the subject. So everything is done in the classroom together as a class. And then we grade together to reinforce the learning. This is why I absolutely do not accept missing work and there is no reason for late work. Absent students make up the work by staying after school upon their return or they can print it off of Google classroom at home and turn in by the end of the day of their return. Late and missing work is a big issue at our school. I’ve had whole classrooms not do the work even as I implemented the new routine. Students will sit there and mark their papers as we do it in the classroom but by the end they are not handing it in because they claim not to have anything to hand in. Or when they do it appears they were doing very little. I’d have to micromanage all 32 students every 5 minutes to make sure they were actually doing the work, which I believe core teachers do. But that sets a very bad precedent because I noticed our students expect to be handheld every minute or they claim they can’t do the work. I know this to be the case since before this class I was teaching a computer class and the students expected me to sit right next to them and give them step-by-step instructions of where to click on the screen. They simply could not follow along as I demonstrated on the Aquos board. So I do think part of the problem is the administrators’ encouraging poor work ethics. They’re too focused on meeting proficient standard to the point they want teachers to handhold students. They also want teachers to accept late and missing work all the way until the end of each quarter. Well that’s easy if you only have a few students but when you have classrooms full of them, that means trying to grade 300+ students multiplied by “x” amount of late/missing work the week before report card rolls out – to which we still have to write comments for C- or below students. Some of us teach all the grade levels 6-8th. And that has actually had negative effects because students no longer hold themselves accountable.

To be honest, I really do think this is why there is such a high turnover rate and teachers who started giving busy work only. In the inner city, administrators only care about putting out the illusion of proficiency while students and parents don’t want any accountability for their performance. As soon as a student fails because they have to actually try to learn (which is a risk for failing), the parent comes in screaming.

Yea, being an Art teacher you lost me at “ irrelevant like an art or music .”

I teach middle school in the inner city where missing and late work is a chronic issue so the suggestions and ideas above do not work. Students and parents have become complacent with failing grades so penalizing work isn’t going to motivate them to do better the next time. The secret to teaching in the inner city is to give them a way out without it becoming massive work for you. Because trust me, if you give them an inch they will always want a mile at your expense. Depending on which subject you teach, it might be easier to just do everything in class. That way it becomes an all or nothing grade. They either did or didn’t do the work. No excuses, no chasing down half the school through number of calls to disconnected phone numbers and out of date emails, no explaining to parents why Johnny has to stay after school to finish assignments when mom needs him home to babysit or because she works second shift and can’t pick him up, etc. Students have no reason for late work or for missing work when they were supposed to do it right there in class. Absent students can catch up with work when they return.

Milton, I agree with all of what you are saying and have experienced. Not to say that that is for all students I have had, but it is a slow progression as to what is happening with students and parents as years go by. I understand that there are areas outside of the classroom we cannot control and some students do not have certain necessities needed to help them but they need to start learning what can they do to help themselves. I make sure the students know they can come and talk to me if needing help or extra time, tutor after school and even a phone number to contact along with email if needing to ask questions or get help. But parents and students do not use these opportunities given until the week before school ends and are now wanting their student to pass and what can be done. It is frustrating and sad. I let students and parents know my expectation up front and if they do not take the opportunity to talk to me then the grade they earned is the result.

I am a special education resource teacher and late work/missing work happens quite a lot. After reading this article, I want to try a few different things to help minimize this issue. However, I am not the one making the grades or putting the grades in. I am just giving the work to the students in small group settings and giving them more access to the resources they need to help them be successful on these assignments based on their current IEP. I use a make-up folder, and usually I will pull these students to work on their work during a different time than when I regularly pull them. That way they do not miss the delivery of instruction they get from me and it does not punish my other students either if there is make-up work that needs to be completed. I try to give my students ample time to complete their work, so there is no excuse for them not to complete it. If they are absent, then I pull them at a time that they can make it up.

I too agree with that there’s a need for teachers to maintain more of a balance across classes when it comes to the amount of homework they give to students.

I had a few teachers who were willing to tolerate lateness in favor of getting it/understanding the material. Lastly, my favorite teacher was the one who gave me many chances to do rewrites of a ‘bad essay’ and gave me as much time as needed (of course still within like the semester or even month but I never took more than two weeks) because he wanted me to do well. I ended up with a 4 in AP exam though so that’s good.

Late work has a whole new meaning with virtual learning. I am drowning in late work (via Google Classroom). I don’t want to penalize students for late work as every home situation is different. I grade and provide feedback timely (to those who submitted on time). However, I am being penalized every weekend and evening as I try to grade and provide feedback during this time. I would love some ideas.

Hi Susan! I’m in the same place–I have students who (after numerous reminders) still haven’t submitted work due days…weeks ago, and I’m either taking time to remind them again or give feedback on “old” work over my nights and weekends. So, while it’s not specific to online learning, Jenn’s A Few Ideas for Dealing with Late Work is a post I’ve been trying to put into practice the last few days. I hope this helps!

Graded assignment flexibility is essential to the process of learning in general but especially in our new world of digital divide

It is difficult to determine who is doing the work at home. Follow up videos on seesaw help to see if the student has gained the knowledge or is being given the answers.

This is some good information. This is a difficult subject.

I love the idea of a catch-up cafe! I think I will try to implement this in my school. It’s in the same place every day, yes? And the teachers take turns monitoring? I’m just trying to get a handle on the logistics – I know those will be the first questions I get.

I really enjoyed this post. I think it provides a lot of perspective on a topic that teachers get way too strict about. I just wonder: wouldn’t it be inevitable for students to become lazy and care less about their understanding if there wasn’t any homework (or even if it was optional)? I know students don’t like it, and it can get redundant if they understand the content, but it truly is good practice.

Hi Shannon,

Glad the post helped! Homework is one of those hot educational topics, but I can’t say I’ve personally come across a situation or found any research where kids become lazy or unmotivated if not assigned homework. In fact, research indicates that homework doesn’t really have much impact on learning until high school. I just think that if homework is going to be assigned, it needs to be intentional and purposeful. (If students have already mastered a skill, I’m not sure how homework would provide them much benefit.) Here’s an article that I think is worth checking out. See what you think.

I like how you brought up how homework needs to be given with the understanding that not all kids have the same resources at home. Some kids don’t have computers or their parents won’t let them use it. There is no way of knowing this so teachers should give homework that requires barely any utensils or technology.

I think having students help determine the due dates for major assignments is a great idea. This works well with online schools too. Remote jobs are the future so helping students learn how to set their own due dates and to get homework done from home will prepare them for the future.

This year I am trying something new. After reading this article, I noticed that I have used a combination of some of these strategies to combat late work and encourage students to turn work in on time. I only record a letter grade in the grade book: A, B, C, D, F. If a student turns in an assignment late, I flag it as late, but it does not affect their “grade”.

If a student wants to redo an assignment, they must turn something in. If they miss the due date, they can still turn it in, but lose the opportunity to redo the assignment. Students will meet with me one last time before they turn it in to get final feedback.

At the end of the grading period, I conference with the student about their final grade, looking at how many times they have handed work in on-time or late. This will determine if the student has earned an A or an A+ .

I really appreciate how your post incorporates a lot of suggestions for the way that teachers can think about and grade homework. Thank you for mentioning how different students have different resources available as well. As teachers, we need to be aware of the different resources our students have and tailor our approach to homework to match. I like the idea of grading homework based on completion and accepting late work for full credit at any time (substituting a zero in the grade book until it is turned in). This is definitely a strategy that I’ll be using!

So glad the article was helpful for you! I will be sure to pass on your comments to Jenn.

I also have been teaching for a long time and I have found that providing an END OF WEEK (Friday at 11:59) due date for assignments allows students to get the work completed by that time. It helps with athletes, and others involved in extra curricular activities. I feel this is fair. I give my tests/quizzes on the days assigned and the supplemental work on Fridays.

I personally, as a special education teach, would allow my SPED students extra time to complete the work they have missed. This is in alignment with their IEP accommodations. I would work with each one independently and have remediation with the content that they are having difficulty. This setting would be in a small group and separate classroom.

I really like the idea of a work habits grade. I struggle with students who turn things in late regularly earning the same grade as those who always turn things in on time. A work habits grade could really motivate some learners.

I’ve been in education for 37 years and in all manner of positions. I share this only to also say that things have changed quite a bit. When I started teaching I only had one, maybe two students in a class of 34 elementary students that would not have homework or classwork finished. Now, I have two classes of about 15 each. One group is often half the class on a regular basis not having homework or not finishing classwork on a regular basis- so far. Additionally parents will pull students out to go to amusement parks, etc and expect all work to be made up and at full credit. I believe that the idea of homework is clearly twofold- to teach accountability and to reengage a learner. Classwork is critical to working with the content and, learning objective. We can all grade various ways; however, at some point, the learner has to step up. Learning is not passive, nor is it all on the teacher. I have been called “mean” because I make students do their work in class, refocusing them, etc. I find that is my duty. Late work should be simply dealt with consistently and with understanding to circumstance IMO. You were out or it was late because mom and dad were upset, ok versus we went to Disney for three days and I was too tired. hmm- used to be easy with excused/unexcused absences, now there is no difference. Late with no absence? That can be a problem and I reach out to home and handle it individually at my level.

Hi Jennifer! I really like your sharing about this topic! Late work is a problem that every teacher encounters. Thank you for your consideration of this issue and the many wise ideas you have provided. Your ideas also remind me to reflect on whether my overall program of assignments and grading is in a healthy place. I was inspired by the preventative measures you listed in this post. I want to try to include my students in setting deadlines, especially for some big projects. Students will feel respected by teachers and will be more willing to complete the assignments before deadlines! As you mentioned, some teachers have made homework optional or self-selected, or even stopped assigning homework. I partially agree with that opinion. I indeed try to reduce the amount of students’ homework or even stop assigning homework sometime, but doing related practice in class instead. I believe that the purpose of homework is to aid pupils in mastering the knowledge; it is not a necessary thing.

Thanks for sharing your thoughts, Yang. Jenn will be glad to know that you found the post inspiring!

Thanks so much for all your insights on giving assignments or homework. All are very helpful as I prepare to return to work after an extended medical leave. It is good to refresh! Anything we require of our students should be purposeful and meaningful to them, so they will give their best to meet whatever deadlines we set. I also like asking our students when is the best time they can turn work in; this is meeting them halfway. And if one strategy does not work, there are more to try; just read this post. Thanks a bunch!!

Jenn will be glad to know the post was helpful for you, Jo!

My colleagues and I at Sand Creek International in Colorado Springs, Colorado, enjoyed reading your post “A Few Ideas for Dealing with Late Work.” It gave us a lot to think about. We are the middle school teachers in a K-8 school and our district policy has been to accept late work all the way to the end of each quarter with no more than a 10% penalty for being late. We decided to examine this policy and discuss the pros and cons of it. Spending the time discussing these pros and cons really helped us examine our own philosophies on the point of student work and ultimately led to some changes we are empowered to make as well as a request for a change only our district level personnel can approve.

Pros of a Lenient Late Work Policy -More students eventually complete the work we want all students to complete This led us to be more intentional about work we are assigning for a grade and being more selective about what is counted towards a student’s grade. As was mentioned in your post, this was about a shift from “compliance” to “student growth” in what we were choosing to grade. -More students passing classes Students heading into high school don’t need to already be labeled as “failing” students and adopting a view of themselves that sets them up for struggle in high school. Students playing a sport also have the pressure of remaining eligible for their competitions. If they got zeros for late works, many would lose the ability to play their sport, which we think would be a detriment to their mental health. -Allows a focus on equity in grading policies We are aware many students face challenges outside of the classroom that make focusing on schoolwork difficult. A lenient late work policy doesn’t punish students who are facing these sorts of challenges.

Cons of a Lenient Late Work Policy -Teachers aren’t able to give timely feedback or adjust instruction When assignments are turned in late, often the topic of the assignment has already appeared on a test and if the student didn’t understand it, the opportunity to help that student before a test has already passed. -Students are learning bad habits when they aren’t taught that deadlines have importance As students head into high school and beyond, and eventually the workforce, we worry we are setting them up for failure if they haven’t learned that not meeting a deadline has consequences. Middle school is an ideal time to help students learn how to prioritize their time, organize their work, and develop a strong work ethic. Instead, the message they are sent with an overly lenient late work policy is that there are no real consequences to not meeting your obligations.

Changes We Have the Power to Make at the School Level -Be selective in what counts as a grade — make it more about growth than compliance -Guide students in developing executive function skills, like prioritizing work, creating their time management systems, task trackers, etc. -Require students to turn in something on the due date — even if that “something” is a request for a deadline extension -Be explicit with students about why turning in work on time is important for them to be able to get timely feedback on assignments that will help them prepare for assessments -Possibly offer extra credit for work turned in on time or other positive incentives -Possibly offer one “free” pass on an assignment per class per quarter or a drop the lowest grade pass -Required attendance at Yeti Den (after school work time) for missing work

Changes that Would Need District Approval -10% penalty for up to a certain number of days and then 25% off and then at some point, district’s policy of 50% minimum on work turned in kicks in — no more full credit for really late work. -Missing work considered in athletics eligibility -Missing work triggers automatic emails to parents from Infinite Campus gradebook just like unexcused absences do

Mary, thanks for taking the time to share your thinking! Jenn will be so glad to know that the post helped spark this conversation among your colleagues.

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How to handle options assignment

Your step-by-step guide to dealing with assignment..

There are two simple truths about options trading:

If you plan to trade options for a long time, you're going to have to deal with assignments.

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Assignment and other dealings

Using your device

What does it do and why do I need it?

An assignment clause aims to control who performs a contract and who can receive benefits under the contract. It does not, however, mean that a party’s contractual obligations are transferred over, it simply means that the performance of such obligations can be delegated. This means that burdens cannot be assigned as a matter of law, but benefits can.

Including such a clause is important if you wish to control who receives the benefit of your performance if you are the supplier, or if you are a customer, control who carries out the contract for you. This may be important to you, for instance, if you do not wish to deliver work to your competitors or you do not want a particular person in your supply chain.

If the contract is silent on assignment and other dealings, a party can normally assign, mortgage, charge or declare a trust over its rights under the contract, without the other party’s consent and use a subcontractor to perform (but not transfer) its contractual duties. In some cases, however, a restriction on subcontracting may be implied where personal performance is required for example.

In light of this, if the parties wish to restrict such abilities, they should do this expressly. Please note, however, a prohibition on assignment has no effect on assignment of a right to receive payment, this applies to many contracts for supply of goods, services or intangibles made between UK businesses on or after 31 December 2018.

What should I look out for?

Effect of an assignment breach - in most cases, a breach of an assignment restriction in the main contract may trigger termination rights or other remedies, may be valid between the assignor and assignee and it does not bind the original promisor who remains liable to the original promisee (the party receiving the benefit).
Effect of a restriction of other dealings breach - if the wording specifically carves out restrictions on ‘mortgages, charges or trust of rights’ then it should be effective to stop the contracting party holding its rights in trust for a non-party. However, a restriction on an assignment/transfer alone might not have this effect. On the contrary, in relation to a subcontract, if a restriction was in place and there has been a breach, the subcontract is normally still valid, but the other party to the main contract may not be obliged to accept or pay for the subcontractor’s performance.
Novation - if a party wants to actually transfer its obligations under the contract, as opposed to delegating their performance, it will need to do so by way of novation.
Subcontracting of processing personal data - if, as part of subcontracting its obligations generally, the assigning/subcontracting party is subcontracting obligations to process personal data, it should note that the GDPR imposes conditions on sub-processing. The main contractor should check the data processing provisions and subcontracting provisions in the contract for provisions relating to sub-processing.
Indemnities - in relation to subcontracting duties, the main contractor remains liable to the continuing party for the performance of any part of the contract that is still to be fulfilled. Therefore, a main contractor will therefore generally ask their subcontractor for an indemnity against any breach or failure to perform the contract. The indemnity will not usually cover liabilities incurred before the subcontracting took effect.

If you have any queries, please do not hesitate to contact Ben Taylor .

Commercial law

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COMMENTS

Ultimate Checklist for Understanding Contract Assignment Rules
Master assignment in contract law with our ultimate checklist, covering key differences, legal requirements, and how to execute effectively.
Dealing With Assignments – A Guide for Successful Students ...
16 Dealing With Assignments. Understanding Your First Assignment. The number of assignments you will receive in a semester often surprises students. For some students, figuring out how to manage assignments is a new experience.
Assignments: The Basic Law | Stimmel Law
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.
How to Deal With Tons of Homework: 11 Tips for Success - wikiHow
A pile of homework can seem daunting, but it’s doable if you make a plan. Make a list of everything you need to do, and work your way through, starting with the most difficult assignments. Focus on your homework and tune out distractions, and you’ll get through things more efficiently.
my employee argues and debates every little assignment and ...
You don’t want to discourage her from giving input when it’s valuable, but it’s also not practical to debate every small decision. The way to address it is to name the issue, explain to her why it’s a problem, tell her what you want her to do differently, and then hold her to that.
A Few Ideas for Dealing with Late Work - Cult of Pedagogy
When work is turned in weeks or even months late, it can lose its value as a learning opportunity because it is no longer aligned with what’s happening in class. On top of that, teachers can end up with massive piles of assignments to grade in the last few days of a marking period.
10 Tips to Reduce Homework Stress | Oxford Learning
Learning how to handle homework stress will help your child get more out of homework assignments, while also helping him or her develop better learning habits. Using these tips, your child can learn to tackle homework with more confidence and less frustration.
How to handle options assignment - Tradier Hub
How to handle options assignment. Your step-by-step guide to dealing with assignment. There are two simple truths about options trading: If you plan to trade options for a long time, you're going to have to deal with assignments. If you have to deal with assignments, DON'T PANIC!
Assignment and other dealings - Hill Dickinson
If the contract is silent on assignment and other dealings, a party can normally assign, mortgage, charge or declare a trust over its rights under the contract, without the other party’s consent and use a subcontractor to perform (but not transfer) its contractual duties.
5 Techniques to Deal With Assignment Overload - Blisspot
1. Allocate more time for difficult assignments. Do not assume that all assignments will take the same amount of time to complete. Evaluate each task individually to determine the amount of time you need for each of them. You can assess the complexity of your assignments by quickly going through the instructions.