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Assignment Agreement Template

Use our assignment agreement to transfer contractual obligations.

Updated February 1, 2024 Reviewed by Brooke Davis

An assignment agreement is a legal document that transfers rights, responsibilities, and benefits from one party (the “assignor”) to another (the “assignee”). You can use it to reassign debt, real estate, intellectual property, leases, insurance policies, and government contracts.

What Is an Assignment Agreement?

What to include in an assignment agreement, how to assign a contract, how to write an assignment agreement, assignment agreement sample.

Partnership Interest

An assignment agreement effectively transfers the rights and obligations of a person or entity under an initial contract to another. The original party is the assignor, and the assignee takes on the contract’s duties and benefits.

It’s often a requirement to let the other party in the original deal know the contract is being transferred. It’s essential to create this form thoughtfully, as a poorly written assignment agreement may leave the assignor obligated to certain aspects of the deal.

The most common use of an assignment agreement occurs when the assignor no longer can or wants to continue with a contract. Instead of leaving the initial party or breaking the agreement, the assignor can transfer the contract to another individual or entity.

For example, imagine a small residential trash collection service plans to close its operations. Before it closes, the business brokers a deal to send its accounts to a curbside pickup company providing similar services. After notifying account holders, the latter company continues the service while receiving payment.

Create a thorough assignment agreement by including the following information:

• Effective Date:  The document must indicate when the transfer of rights and obligations occurs.
• Parties:  Include the full name and address of the assignor, assignee, and obligor (if required).
• Assignment:  Provide details that identify the original contract being assigned.
• Third-Party Approval: If the initial contract requires the approval of the obligor, note the date the approval was received.
• Signatures:  Both parties must sign and date the printed assignment contract template once completed. If a notary is required, wait until you are in the presence of the official and present identification before signing. Failure to do so may result in having to redo the assignment contract.

Review the Contract Terms

Carefully review the terms of the existing contract. Some contracts may have specific provisions regarding assignment. Check for any restrictions or requirements related to assigning the contract.

Check for Anti-Assignment Clauses

Some contracts include anti-assignment clauses that prohibit or restrict the ability to assign the contract without the consent of the other party. If there’s such a clause, you may need the consent of the original parties to proceed.

Determine Assignability

Ensure that the contract is assignable. Some contracts, especially those involving personal services or unique skills, may not be assignable without the other party’s agreement.

Get Consent from the Other Party (if Required)

If the contract includes an anti-assignment clause or requires consent for assignment, seek written consent from the other party. This can often be done through a formal amendment to the contract.

Prepare an Assignment Agreement

Draft an assignment agreement that clearly outlines the transfer of rights and obligations from the assignor (the party assigning the contract) to the assignee (the party receiving the assignment). Include details such as the names of the parties, the effective date of the assignment, and the specific rights and obligations being transferred.

Include Original Contract Information

Attach a copy of the original contract or reference its key terms in the assignment agreement. This helps in clearly identifying the contract being assigned.

Execution of the Assignment Agreement

Both the assignor and assignee should sign the assignment agreement. Signatures should be notarized if required by the contract or local laws.

Notice to the Other Party

Provide notice of the assignment to the non-assigning party. This can be done formally through a letter or as specified in the contract.

File the Assignment

File the assignment agreement with the appropriate parties or entities as required. This may include filing with the original contracting party or relevant government authorities.

Communicate with Third Parties

Inform any relevant third parties, such as suppliers, customers, or service providers, about the assignment to ensure a smooth transition.

Keep Copies for Records

Keep copies of the assignment agreement, original contract, and any related communications for your records.

Here’s a list of steps on how to write an assignment agreement:

Step 1 – List the Assignor’s and Assignee’s Details

List all of the pertinent information regarding the parties involved in the transfer. This information includes their full names, addresses, phone numbers, and other relevant contact information.

This step clarifies who’s transferring the initial contract and who will take on its responsibilities.

Step 2 – Provide Original Contract Information

Describing and identifying the contract that is effectively being reassigned is essential. This step avoids any confusion after the transfer has been completed.

Step 3 – State the Consideration

Provide accurate information regarding the amount the assignee pays to assume the contract. This figure should include taxes and any relevant peripheral expenses. If the assignee will pay the consideration over a period, indicate the method and installments.

Step 4 – Provide Any Terms and Conditions

The terms and conditions of any agreement are crucial to a smooth transaction. You must cover issues such as dispute resolution, governing law, obligor approval, and any relevant clauses.

Step 5 – Obtain Signatures

Both parties must sign the agreement to ensure it is legally binding and that they have read and understood the contract. If a notary is required, wait to sign off in their presence.

Related Documents

• Purchase Agreement : Outlines the terms and conditions of an item sale.
• Business Contract : An agreement in which each party agrees to an exchange, typically involving money, goods, or services.
• Lease/Rental Agreement : A lease agreement is a written document that officially recognizes a legally binding relationship between two parties -- a landlord and a tenant.
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Assignment / Abtretung

March 17, 2022

What is an assignment?

According to § 398 German Civil Code (BGB), an assignment (also kown as cession, from the Latin cessio) is the contractual transfer of a claim of the creditor to another. The assignment is a transaction of disposal. This means that the person of the creditor changes as a result of the contract of assignment.

The assignment according to § 398 BGB is regulated by law because it is a specific case of "acquisition of ownership", which is essentially different from the acquisition of ownership of movable things. According to the legal construction of § 929 S. 1 BGB, the ownership of movable things is transferred by the delivery of the thing with the intention to transfer the ownership. Essential for the transfer of ownership of things is therefore possession, or its transfer to another. The transfer of ownership according to § 929 p. 1 BGB is not possible if one can not exercise possession of the item to be transferred, i.e. can not hold it in one's hand. This is the case with claims. An example: Anyone who sells an item has a claim to payment of the agreed purchase price. Although the ownership of this claim can be proved by a contract, the claim itself is not physical. Of course, it must be possible for the seller(s) to sell his or her claim to the purchase price - he or she does not have to claim the purchase price himself or herself (for example, in the case of classic debt collection). Therefore, the owner can assign their claim to the purchase price to a third party, with the result that the third party becomes the new owner of the purchase price claim.

What are the requirements for assignment?

According to § 398 BGB, assignment is a contract in which it is agreed that the creditor(s) of a claim will transfer it to a third party. The only requirement under § 398 BGB for assignment is that there is consent between two persons on the transfer of a claim. For the assignment to be effective, the claim must of course actually exist in the person of the assigning creditor, i.e. he/she must be the owner of the claim. Furthermore, there must be no prohibition of assignment; such a ban results either from a contract between the debtor and the creditor, or from the law, for example from § 399 BGB.

What happens after the assignment?

• Identical rights of the new creditor

Through the (successful) assignment, another person becomes a new creditor of the claim. The new creditor has the same rights but also the same obligations as the original creditor.

• Transfer of ancillary and preferential rights

According to § 401 BGB, the accessory security rights are also transferred to the new creditor with the claim. Expressly mentioned are mortgages, ship mortgages or liens as well as the rights from an appointed guarantee. An analogous applicability of this provision is approved for the priority notice according to § 883 BGB, so that in the event of assignment of the claim to transfer of ownership of a property, a priority notice registered for the buyer also passes to the new creditor.

• Protection of the debtor

The person of the debtor has not changed due to the assignment. The debtor may not have been aware of the assignment, but a notification to the debtor that the person of the creditor has changed is not necessary for the assignment to be effective.

Without specific debtor protection rules, the debtor who did not know about the assignment would be in a difficult situation: if he/she paid e.g. to the old creditor(s), there would be no extinction by performance - the debtor would still have to pay to the new creditor. He would be entitled to reclaim from the old creditor what has already been paid. The legislator has recognised these dangers for the debtor in §§ 404 ff BGB.

• Objections against the old creditor remain valid

According to § 404 BGB, the debtor can assert in the new creditor in the objections existing against the old creditor.

• Protection of the debtor in case of ignorance of the assignment

In particular, the debtor who relies in the existence of the old creditor should not be in a worse position than without an assignment. According to § 407 BGB, legal acts against the old creditor also apply to the disadvantage of the new creditor.

• Possibility of set-off against the new creditor

According to § 406 BGB, the debtor may also set off against the new creditor. This provision helps to overcome the lack of reciprocity of claims, which means that a set-off against a claim against the old creditor is now also possible against the new creditor. However, this only applies if the debtor had no knowledge of the assignment at the time of acquisition of the counterclaim. The debtor shall remain entitled to set-off if, at the time when he/she becomes aware of the assignment, there was already an offsetting situation within the meaning of § 389 BGB.

Special types of assignments

Assignments are not only known as a simple sale of a claim, but in practice often occur in certain constellations.

• Assignment by way of security

In the case of assignment by way of security, a claim is assigned to provide a guarantee. The claim is thus used by the assignment to secure another claim.

• Extended title retention

If the parties agree on an extended retention of title, they actually agree on a "simple" reservation of title, so that the buyer of the first instance do not acquire ownership of the item, but the acquisition of ownership is subject to a condition precedent with regard to the payment of the purchase price. "Extended" is the retention of title because the buyer of the goods wants to resell them - in this case, however, the seller would lose the means of securing the retention of title. Therefore the seller allows a resale of "his/her" item, but he/she allow(s) to assign in advance the purchase price claims not yet arisen.

In "real" factoring, revolving receivables are transferred to the factor. Factoring is a mass assignment. The risk of loss of receivables (del credere risk) is carried by the factor, which is why the factor usually does not pay the full value of the receivable, rather only part of it.

(404) 738-5471

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.

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.

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.

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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• 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.

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Contract Assignment Agreement

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This Contract Assignment Agreement document is used to transfer rights and responsibilities under an original contract from one Party, known as the Assignor, to another, known as the Assignee. The Assignor who was a Party to the original contract can use this document to assign their rights under the original contract to the Assignee, as well as delegating their duties under the original contract to that Assignee. For example, a nanny who as contracted with a family to watch their children but is no longer able to due to a move could assign their rights and responsibilities under the original service contract to a new childcare provider.

How to use this document

Prior to using this document, the original contract is consulted to be sure that an assignment is not prohibited and that any necessary permissions from the other Party to the original contract, known as the Obligor, have been obtained. Once this has been done, the document can be used. The Agreement contains important information such as the identities of all parties to the Agreement, the expiration date (if any) of the original contract, whether the original contract requires the Obligor's consent before assigning rights and, if so, the form of consent that the Assignor obtained and when, and which state's laws will govern the interpretation of the Agreement.

If the Agreement involves the transfer of land from one Party to another , the document will include information about where the property is located, as well as space for the document to be recorded in the county's official records, and a notary page customized for the land's location so that the document can be notarized.

Once the document has been completed, it is signed, dated, and copies are given to all concerned parties , including the Assignor, the Assignee, and the Obligor. If the Agreement concerns the transfer of land, the Agreement is then notarized and taken to be recorded so that there is an official record that the property was transferred.

Applicable law

The assignment of contracts that involve the provision of services is governed by common law in the " Second Restatement of Contracts " (the "Restatement"). The Restatement is a non-binding authority in all of U.S common law in the area of contracts and commercial transactions. Though the Restatement is non-binding, it is frequently cited by courts in explaining their reasoning in interpreting contractual disputes.

The assignment of contracts for sale of goods is governed by the Uniform Commercial Code (the "UCC") in § 2-209 Modification, Rescission and Waiver .

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Other names for the document:

Assignment Agreement, Assignment of Contract Agreement, Contract Assignment, Assignment of Contract Contract, Contract Transfer Agreement

Country: United States

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Assignment And Assumption Agreement

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What is an assignment and assumption agreement.

An assignment and assumption agreement transfers one party's rights and obligations to a third party. The party making the assignment is called the assignor, while the third party accepting the assignment is known as the assignee.

The assignor assigns their rights and duties under the contract to the assignee and the assignee accepts, or "assumes," those rights and duties.

The other party to the initial contract must also consent to the transfer of rights and obligations to the assignee. For a valid assignment and assumption agreement, the initial contract must provide for the possibility of assignment by one of the initial contracting parties.

Common Sections in Assignment And Assumption Agreements

Below is a list of common sections included in Assignment And Assumption Agreements. These sections are linked to the below sample agreement for you to explore.

Assignment And Assumption Agreement Sample

Reference : Security Exchange Commission - Edgar Database, EX-99.D.13 3 d416323dex99d13.htm ASSIGNMENT AND ASSUMPTION AGREEMENT , Viewed October 6, 2021, View Source on SEC .

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Giants Select Jakson Reetz, Designate Mitch White For Assignment

By Nick Deeds | May 5, 2024 at 2:42pm CDT

The Giants announced a set of roster moves this afternoon including selecting the contract of catcher Jakson Reetz ahead of tonight’s game against the Phillies to take the place of veteran catcher Tom Murphy , who was placed on the 10-day injured list with a left knee sprain. Right-hander Mitch White was designated for assignment to make room for Reetz on the 40-man roster, while righty Daulton Jefferies was recalled to replace White on the active roster.  Robert Murray of FanSided first reported Reetz’s selection to the majors, while Alex Pavlovic of NBC Sports Bay Area first suggested that Reetz would be the next man up in the event of an additional roster move.

Reetz, 28, was a third-round pick by the Nationals in the 2014 draft but didn’t make his MLB debut until 2021, when he appeared in two games with the club while filling in for injured veteran Yan Gomes alongside Tres Barrera . He received just two plate appearances at the big league level, going one-for-two with a double before being sent back to the minor leagues. Reetz has not appeared in the majors since then, instead bouncing between the Nationals, Royals, Brewers, and Giants minor league systems.

Despite his lack of MLB opportunities in recent years, Reetz has generally hit quite well at the Triple-A level, particularly for a catcher. He owns a career slash line of .234/.328/.478 in 577 trips to the plate at the level and enjoyed a particularly strong season with the Giants last year, for whom he slashed .243/.342/.500 in 82 games behind the dish.

While Reetz’s strong defensive reputation behind the plate and solid offensive numbers likely would have earned him a look by now in another organization, San Francisco is deep enough behind the plate to have parted ways with former top prospect Joey Bart earlier this season due to a roster crunch. However, with Patrick Bailey on the injured list due to a concussion and Murphy now out with an injury of his own, the Giants are now left to rely on 2023 Rule 5 Draft pick Blake Sabol and Reetz behind the plate for the time being.

As for Murphy, the veteran backstop told reporters (including The Athletic’s Andrew Baggarly ) following yesterday’s game that he had “felt a pop” while blocking the ball and was slated to undergo an MRI today. No timetable has been made available for the 33-year-old’s return to action, though even a short absence is a blow the San Francisco given the club’s quickly evaporating depth behind the plate. Murphy signed with the club this past offseason on a two-year, $8.25MM deal to serve as Bailey’s backup but has struggled in the early going this season, slashing just .118/.211/.235 in 13 games. Hopefully, the time on the shelf will offer Murphy a chance to reset ahead of returning to the Giants later on in the season.

As for White, his brief tenure with his hometown team may be coming to an end as the club will have seven days to either trade the right-hander or attempt to pass him through waivers. Should White successfully clear waivers, the Giants would have the opportunity to outright the righty to the minor leagues. The 29-year-old righty once received top-100 prospect buzz as a member of the Dodgers and posted a strong 3.58 ERA in 105 2/3 innings with the club across parts of three seasons but has struggled badly since being traded to the Blue Jays prior to the 2022 trade deadline.

White posted a 7.65 ERA in 24 appearances with the Blue Jays before the club ultimately designated him for assignment earlier this year, at which point he was swapped to the Giants in a cash deal. White’s return to the NL West hasn’t gone well as he’s been lit up for seven runs on eight hits and five walks while striking out just one in 5 1/3 innings of work. Taking his place on the roster will be Jefferies, who allowed 13 runs (nine earned) in 4 2/3 innings with the Giants earlier this season but has settled in at the Triple-A level with a solid 3.44 ERA in 18 1/3 frames since then.

29 Comments

The next great Jakson/Jackson/Jaxon to grace our game.

Padres need an arm…White can fill a spot…just saying.

Can he though? He has gotten worse, year over year.

White, Jefferies … just DFA them all. Farhan’s dumpster diving proved to just be more hot trash with those two.

If you don’t care for the work of Zaidi, how about some justifiable criticism? Every team in MLB indulges in dumpster diving for MiL depth. Faulting Zaidi for doing what every other GM/PBO does is just hollow

Can’t any team call up a minor league guy who can pitch as well or not better as Mitch White though? Seems silly to try and keep bringing in proven bad players hoping you can turn them around.

Fair enough, let me be more specific. Farhan has created a roster where the “first man up” has been a series of roster cast-offs/waiver claims with 5+ ERAS. And those two gave the Giants exactly what their baseball card said they would … a poor outing.

gmenfan, That’s a better criticism, though I don’t entirely agree. We don’t know all the info. I’ve wondered why some guys have been called up, but I do realize that the injuries to Beck as a reliever, and Snell as a SP, has crippled the planned depth.

My guess is that Zaidi, and the MiL staff are reluctant to have some prospects promoted if they aren’t ready. So guys like Jefferies and White are simply cannon fodder until they feel more confident about the more prized prospects.

I think part of it is that a prospect has more value the more control you have. so keeping a prospect down with as many years/options left is more valuable than picking up something for nearly nothing hoping a change of scenery will help a former prospect return to earlier scouted form.

I’m getting a visual of Mitch White’s head sticking up out of a pet waste station near Oracle Park.

Just because they were drafted so early don’t mean they are good. Lol. Seems like that’s the Farhan strategy these days collecting all the top picks from previous drafts hoping they will live up to status they once had. They look terrible so far this year. I figured they would be a .500 team at the start of the season I highly doubt they’ll be close. More like 10-15 games under

Why Jefferies? He’s been the worst of all the pitchers they’ve used this season. Why not Roupp? He’s been inconsistent, but at least he’s occasionally shown some good stuff. And as bad as Teng and Avila have been, they’ve still been better than Jefferies. I don’t get it.

I thought Teng actually had a valuable role. He only pitched in games they already lost so who cares if he gives up more runs; just let him eat up the remaining innings.

And considering how many games the Giants lose by the 5th inning; he seemed worth keeping around.

Roupp started for Sacramento today and did lousy. My guess is Black replaces Jeffries. Jeffries was already with the team.

Because remember Jeffries was a 1st round pick several years ago. Lol. All the players looking for gigs who were drafted 1st-3rd round you can bet the Giants are checking in on them

White got the Giants through the rain after their starter only made it two-thirds of an inning, not much of a reward

He gave 8 base runners, and 4 earned in 2 1/3. Hardly call that getting them through.

When Zaidi tried to throw him away after the game, even the dumpster rejected him while commenting, “Come on, Farhan, even I have standards, and this guy doesn’t even qualify as hot garbage.”

Can’t believe the Giants don’t have better bullpen options down on farm. Between AAA n AA u got nothing but these retreads w/astronomical era’s when given mlb opportunity ? Alot of these possible replacement Ps mentioned in comments are established turds w/recent performance as evidence. Rather see new guy get opp plus they’re cheap.

Randy Rodriguez made his debut yesterday, looked pretty good, even hitting 100. Erik Miller is a rookie and is starting to slide into a high leverage role. Black is up now. Main thing is a lot of their pitching prospects are starters, and still young

Sanchez seems solid. Teng is garbage after seeing him pitch against the Padres I can tell he won’t make it. Ben Madison seems like he could be solid but I think he’s always injured.

Do you mean Mcdonald?

The Giants have no intention of ever looking at Ben Madison. He is in single A after pitching pretty well at AA last year. He is just org filler in their eyes.

Even worse than relief pitching – the Giants just cannot hit. You can turn on the radio every morning and hear that Farhan and Bomel are waiting for Soler, Slater, Estrada and Yaz to “turn it on”…as though somehow they are going to wake up one morning and all of a sudden become .300 hitters with an 800 OPS. We’ve been down this road for a couple of years – and sadly we get the same results. Meanwhile, Farhan gets twitchy when he thinks about bringing up a AAA outfielder who can hit better than what we have out there. The saddest part is that Chapman has the same “getting worse” disease – and now is not only hitting a robust .218 – but is also making a lot more errors than he used to make. And Farhan gave him a 3 year deal for $54,000,000 (along with giving Snell $31,000,000 for one season). Can someone remind me why Farhan still runs he team?

He won’t be after this season if they keep on playing this bad. They have a terrible farm so they won’t be able to count on any elite talent to come up and give em a boost. They waisted first round picks on supposedly two way players (Crawford and Eldridge) Crawford is pitching out of relief not hitting. Eldridge is hitting below avg while yet to pitch. Usually teams don’t pick future relief pitchers in the 1st round. But don’t ever count out the Giants on making people scratch their heads

I get letting the young ones getting ab’s, but not letting heliot get an extended run in the majors still baffles me

I’m sure he’d be just as good as Lee lol. Let him play all season not pinch hit a few games here and there. Let him get consistent playing time. Lee don’t even look as good in the OF as Duggar or Andres Torres. No pop, no speed, avg D but he don’t k much. I remember people comparing him to Tony Gwynn lol. Nobody who has yet to hit MLB pitching deserves such comparisons. Just think how much money they would of saved if they signed Montgomery and Michael Taylor. Snell and Lee’s contracts plus a draft pick for Snell.

blairg, In case you hadn’t noticed both Estrada and Yastrzemski have become .300 hitters with an .800 OPS. Since 4/12, not counting today 5/5, Estrada has hit .319/.338/.556, an OPS of .893. Today he went 1 for 3 with a HR. How much better should be be doing?

The same could be said for Yastrzemski. Also since 4/12, he’s hit .304/.360/.500, an OPS of .860.

Put the blame where it belongs, the middle of the order guys, Conforto, Soler, and Chapman.

I agree with you. Estrada and Yaz have been getting better. Conforto, Soler and Chapman are doing terrible. Lee don’t have speed, D is avg and he don’t have power but he’s getting paid 2x what Bryan Reynolds is making. Joc would of done just fine for a lot less money

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New York Giants Likely Eligible for 2025 Comp Pick

Patricia traina | may 6, 2024.

• New York Giants

For two straight years, the New York Giants have been shut out of the comp pick department because they signed more free agents rather than losing.

That streak, however, could be ending. According to Nick Korte of Over the Cap, the Giants are projected to get at least one comp pick in 2025; however, the value of the pick will be determined by whether offensive lineman Ben Bredeson, who signed with the Tampa Bay Buccaneers in free agency, wins and retains a starting job.

Whether or not the Giants get a 4th rounder or a 7th rounder depends on whether Ben Bredeson plays a good amount of snaps for the Bucs. Giants fans and observers should be watching how Tampa Bay's starting interior offensive line plays out. pic.twitter.com/OAAi5rJplA — Nick Korte (@nickkorte) May 6, 2024

Korte's current chart shows that the Giants are projected to get a fourth-round comp pick for losing safety Xavier McKinney to the Packers. If Bredeson wins and holds on to a starting job with the Bucs, that fourth-round pick should stand.

However, if Bredeson does  not  qualify as a CFA (compensatory free agent) because he doesn't play enough snaps, that fourth-round pick will decrease in value to that of a seventh-round pick that will fall at the bottom of the list.

The NFL's compensatory pick formula has never been fully revealed, but to summarize Appendix V of the current CBA ratified in 2020, compensatory picks are based on how many qualifying free agents a team loses versus signs.

If a club loses more CFAs (compensatory free agents), they become eligible for comp picks for the following year's draft, the picks awarded in rounds three through seven and determined based on the qualifying CFA's playtime with his new club.

The deadline for CFAs to affect the formula is typically the first Tuesday after the annual draft. Any free agents signed after that point do not affect the comp pick formula.

Further, players who were cut from their teams and who go on to sign with another club are not eligible for the comp pick formula.

The 2025 compensatory picks will be announced next year after the Super Bowl.

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PATRICIA TRAINA

Patricia Traina has covered the New York Giants for over three decades for various media outlets. She is the host of the Locked On Giants podcast and the author of "The Big 50: New York Giants: The Men and Moments that Made the New York Giants" (Triumph Books, September 2020). View Patricia's full bio.

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Hamas just agreed to a cease-fire deal, but Israel is still a question mark

• Hamas has reportedly agreed to a cease-fire proposal from Qatar and Egypt.
• Previous proposals included the release of Israeli hostages and Palestinian prisoners.
• But an Israeli official told Reuters this plan wasn't acceptable and called it a "ruse."

Hamas announced Monday that it had accepted a cease-fire proposal from Qatar and Egypt to temporarily stop the war with Israel.

Ismail Haniyeh, the leader of Hamas' political wing, informed the prime minister of Qatar and Egypt's intelligence minister that it accepted the proposal, according to a statement carried by the Shehab News Agency, which is affiliated with the militant group.

The full terms of the proposal haven't been announced. Hamas has previously demanded an Israeli withdrawal from the Gaza Strip, which has been devastated by seven months of war.

The two sides have also negotiated over the exchange of hostages abducted by Hamas during its October 7 massacre for Palestinian prisoners held by Israel.

It's unclear whether Israel has accepted the terms of the Qatari and Egyptian cease-fire plan. But an anonymous Israeli official told Reuters that no cease-fire had been agreed to.

The official said the proposal had stipulations that Israel wouldn't agree to, Reuters reported.

"This would appear to be a ruse intended to make Israel look like the side refusing a deal," the Israeli official told Reuters. The Israeli government hasn't made an official statement on the deal.

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Late Monday, the Israeli military said it had launched strikes into eastern parts of Rafah, advancing plans that the US had warned could be a "disaster" for civilians in the area. The Israeli war cabinet said it would continue to negotiate for a cease-fire.

Israel helped to formulate the most recent version of a cease-fire proposal, according to a CNN report , which said a deal outlined last week called for the release of between 20 and 33 hostages.

After that, according to the report, the remaining Israeli hostages — as well as the bodies of dead hostages and captured Israel Defense Forces soldiers — could be exchanged for additional Palestinian prisoners.

A US State Department spokesperson said Washington planned to discuss the proposal with its partners over the next few hours.

"I can confirm that Hamas has issued a response," Matthew Miller told reporters at a briefing. "We are reviewing that response now and discussing it with our partners in the region."

Miller added: "We continue to believe that a hostage deal is in the best interest of the Israeli people. It's in the best interest of the Palestinian people. It would bring an immediate cease-fire. It would allow increased movement of humanitarian assistance, and so we're going to continue to work to try to reach one."

Hours before Hamas' announcement, the Israeli military ordered civilians in eastern Rafah to temporarily evacuate to what it described as a "humanitarian area" slightly northwest.

The evacuation orders are the clearest sign yet that the IDF is preparing intensive military action in Rafah, a city in southern Gaza where more than 1 million Palestinians have been sheltering since Israeli forces began their assault on the coastal enclave.

The prospect of an Israeli operation in Rafah has been a key source of tension between Israel and the US, its main ally, as international pressure continues to mount amid a rising civilian death toll in Gaza.

Watch: Biden says a Gaza cease-fire could happen by Monday

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