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14.1: Assignment of Contract Rights

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LEARNING OBJECTIVES

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

The Concept of a Contract Assignment

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

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

Figure 14.1 Assignment of Rights

Method of Assignment

Manifesting assent.

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

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

Acceptance and Revocation

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

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

Effect of Assignment

General rule.

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

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

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

When Assignments Are Not Allowed

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

Material Change in Duties of the Obligor

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

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

Assignment of Personal Rights

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

Assignment Forbidden by Statute or Public Policy

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

Contracts That Prohibit Assignment

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

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

Future Contracts

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

Partial Assignments

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

Successive Assignments

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

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

Figure 14.2 Successive Assignments

Assignor’s Warranties

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

KEY TAKEAWAY

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

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

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

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

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2.3 Organizing Your Time

Learning objectives.

• Discover your time personality and know where your time goes.
• Understand the basic principles of time management and planning.
• Learn and practice time management strategies to help ensure your academic success.
• Know how to combat procrastination when it threatens to prevent getting your academic work done.
• Use a calendar planner and daily to-do list to plan ahead for study tasks and manage your time effectively.
• Learn effective time management techniques for students who work, students with family, and student athletes.

This is the most important part of this chapter. When you know what you want to do, why not just sit down and get it done? The millions of people who complain frequently about “not having enough time” would love it if it were that simple!

Time management isn’t actually difficult, but you do need to learn how to do it well.

Time and Your Personality

People’s attitudes toward time vary widely. One person seems to be always rushing around but actually gets less done than another person who seems unconcerned about time and calmly goes about the day. Since there are so many different “time personalities,” it’s important to realize how you approach time. Start by trying to figure out how you spend your time during a typical week, using Activity 2.

Activity 2: Where Does the Time Go?

See if you can account for a week’s worth of time. For each of the activity categories listed, make your best estimate of how many hours you spend in a week. (For categories that are about the same every day, just estimate for one day and multiply by seven for that line.)

Now use your calculator to total your estimated hours. Is your number larger or smaller than 168, the total number of hours in a week? If your estimate is higher, go back through your list and adjust numbers to be more realistic. But if your estimated hours total fewer than 168, don’t just go back and add more time in certain categories. Instead, ponder this question: Where does the time go? We’ll come back to this question.

Think about your time analysis in Activity 2. People who estimate too high often feel they don’t have enough time. They may have time anxiety and often feel frustrated. People at the other extreme, who often can’t account for how they use all their time, may have a more relaxed attitude. They may not actually have any more free time, but they may be wasting more time than they want to admit with less important things. Yet they still may complain about how much time they spend studying, as if there’s a shortage of time.

People also differ in how they respond to schedule changes. Some go with the flow and accept changes easily, while others function well only when following a planned schedule and may become upset if that schedule changes. If you do not react well to an unexpected disruption in your schedule, plan extra time for catching up if something throws you off. This is all part of understanding your time personality.

Another aspect of your time personality involves time of day. If you need to concentrate, such as when writing a class paper, are you more alert and focused in the morning, afternoon, or evening? Do you concentrate best when you look forward to a relaxing activity later on, or do you study better when you’ve finished all other activities? Do you function well if you get up early—or stay up late—to accomplish a task? How does that affect the rest of your day or the next day? Understanding this will help you better plan your study periods.

While you may not be able to change your “time personality,” you can learn to manage your time more successfully. The key is to be realistic. How accurate is the number of hours you wrote down in Activity 2? The best way to know how you spend your time is to record what you do all day in a time log, every day for a week, and then add that up. Make copies of the time log in Figure 2.4 “Daily Time Log” and carry it with you. Every so often, fill in what you have been doing. Do this for a week before adding up the times; then enter the total hours in the categories in Activity 2. You might be surprised that you spend a lot more time than you thought just hanging out with friends—or surfing the Web or playing around with Facebook or any of the many other things people do. You might find that you study well early in the morning even though you thought you are a night person, or vice versa. You might learn how long you can continue at a specific task before needing a break.

Figure 2.4 Daily Time Log

If you have work and family responsibilities, you may already know where many of your hours go. Although we all wish we had “more time,” the important thing is what we do with the time we have. Time management strategies can help us better use the time we do have by creating a schedule that works for our own time personality.

Time Management

Time management for successful college studying involves these factors:

• Determining how much time you need to spend studying
• Knowing how much time you actually have for studying and increasing that time if needed
• Being aware of the times of day you are at your best and most focused
• Using effective long- and short-term study strategies
• Scheduling study activities in realistic segments
• Using a system to plan ahead and set priorities
• Staying motivated to follow your plan and avoid procrastination

For every hour in the classroom, college students should spend, on average, about two hours on that class, counting reading, studying, writing papers, and so on. If you’re a full-time student with fifteen hours a week in class, then you need another thirty hours for rest of your academic work. That forty-five hours is about the same as a typical full-time job. If you work part time, time management skills are even more essential. These skills are still more important for part-time college students who work full time and commute or have a family. To succeed in college, virtually everyone has to develop effective strategies for dealing with time.

Look back at the number of hours you wrote in Activity 2 for a week of studying. Do you have two hours of study time for every hour in class? Many students begin college not knowing this much time is needed, so don’t be surprised if you underestimated this number of hours. Remember this is just an average amount of study time—you may need more or less for your own courses. To be safe, and to help ensure your success, add another five to ten hours a week for studying.

To reserve this study time, you may need to adjust how much time you spend in other activities. Activity 3 will help you figure out what your typical week should look like.

Activity 3: Where Should Your Time Go?

Plan for the ideal use of a week’s worth of time. Fill in your hours in this order:

• Hours attending class
• Study hours (2 times the number of class hours plus 5 or more hours extra)
• Work, internships, and fixed volunteer time

Fixed life activities (sleeping, eating, hygiene, chores, transportation, etc.)

Now subtotal your hours so far and subtract that number from 168. How many hours are left? ____________ Then portion out the remaining hours for “discretionary activities” (things you don’t have to do for school, work, or a healthy life).

• Discretionary activities

Note: If you find you have almost no time left for discretionary activities, you may be overestimating how much time you need for eating, errands, and the like. Use the time log in Figure 2.4 “Daily Time Log” to determine if you really have to spend that much time on those things.

Activity 3 shows most college students that they do actually have plenty of time for their studies without losing sleep or giving up their social life. But you may have less time for discretionary activities than in the past. Something, somewhere has to give. That’s part of time management—and why it’s important to keep your goals and priorities in mind. The other part is to learn how to use the hours you do have as effectively as possible, especially the study hours. For example, if you’re a typical college freshman who plans to study for three hours in an evening but then procrastinates , gets caught up in a conversation, loses time to checking e-mail and text messages, and listens to loud music while reading a textbook, then maybe you actually spent four hours “studying” but got only two hours of actual work done. So you end up behind and feeling like you’re still studying way too much. The goal of time management is to actually get three hours of studying done in three hours and have time for your life as well.

Special note for students who work. You may have almost no discretionary time at all left in Activity 3 after all your “must-do” activities. If so, you may have overextended yourself—a situation that inevitably will lead to problems. You can’t sleep two hours less every night for the whole school year, for example, without becoming ill or unable to concentrate well on work and school. It is better to recognize this situation now rather than set yourself up for a very difficult term and possible failure. If you cannot cut the number of hours for work or other obligations, see your academic advisor right away. It is better to take fewer classes and succeed than to take more classes than you have time for and risk failure.

Time Management Strategies for Success

Following are some strategies you can begin using immediately to make the most of your time:

• Prepare to be successful. When planning ahead for studying, think yourself into the right mood. Focus on the positive. “When I get these chapters read tonight, I’ll be ahead in studying for the next test, and I’ll also have plenty of time tomorrow to do X.” Visualize yourself studying well!
• Use your best—and most appropriate—time of day. Different tasks require different mental skills. Some kinds of studying you may be able to start first thing in the morning as you wake, while others need your most alert moments at another time.
• Break up large projects into small pieces. Whether it’s writing a paper for class, studying for a final exam, or reading a long assignment or full book, students often feel daunted at the beginning of a large project. It’s easier to get going if you break it up into stages that you schedule at separate times—and then begin with the first section that requires only an hour or two.
• Do the most important studying first. When two or more things require your attention, do the more crucial one first. If something happens and you can’t complete everything, you’ll suffer less if the most crucial work is done.
• If you have trouble getting started, do an easier task first. Like large tasks, complex or difficult ones can be daunting. If you can’t get going, switch to an easier task you can accomplish quickly. That will give you momentum, and often you feel more confident tackling the difficult task after being successful in the first one.
• If you’re feeling overwhelmed and stressed because you have too much to do, revisit your time planner. Sometimes it’s hard to get started if you keep thinking about other things you need to get done. Review your schedule for the next few days and make sure everything important is scheduled, then relax and concentrate on the task at hand.
• If you’re really floundering, talk to someone. Maybe you just don’t understand what you should be doing. Talk with your instructor or another student in the class to get back on track.
• Take a break. We all need breaks to help us concentrate without becoming fatigued and burned out. As a general rule, a short break every hour or so is effective in helping recharge your study energy. Get up and move around to get your blood flowing, clear your thoughts, and work off stress.
• Use unscheduled times to work ahead. You’ve scheduled that hundred pages of reading for later today, but you have the textbook with you as you’re waiting for the bus. Start reading now, or flip through the chapter to get a sense of what you’ll be reading later. Either way, you’ll save time later. You may be amazed how much studying you can get done during downtimes throughout the day.
• Keep your momentum. Prevent distractions, such as multitasking, that will only slow you down. Check for messages, for example, only at scheduled break times.
• Reward yourself. It’s not easy to sit still for hours of studying. When you successfully complete the task, you should feel good and deserve a small reward. A healthy snack, a quick video game session, or social activity can help you feel even better about your successful use of time.
• Just say no. Always tell others nearby when you’re studying, to reduce the chances of being interrupted. Still, interruptions happen, and if you are in a situation where you are frequently interrupted by a family member, spouse, roommate, or friend, it helps to have your “no” prepared in advance: “No, I really have to be ready for this test” or “That’s a great idea, but let’s do it tomorrow—I just can’t today.” You shouldn’t feel bad about saying no—especially if you told that person in advance that you needed to study.
• Have a life. Never schedule your day or week so full of work and study that you have no time at all for yourself, your family and friends, and your larger life.
• Use a calendar planner and daily to-do list. We’ll look at these time management tools in the next section.

Battling Procrastination

Procrastination is a way of thinking that lets one put off doing something that should be done now. This can happen to anyone at any time. It’s like a voice inside your head keeps coming up with these brilliant ideas for things to do right now other than studying: “I really ought to get this room cleaned up before I study” or “I can study anytime, but tonight’s the only chance I have to do X.” That voice is also very good at rationalizing: “I really don’t need to read that chapter now; I’ll have plenty of time tomorrow at lunch.…”

Procrastination is very powerful. Some people battle it daily, others only occasionally. Most college students procrastinate often, and about half say they need help avoiding procrastination. Procrastination can threaten one’s ability to do well on an assignment or test.

People procrastinate for different reasons. Some people are too relaxed in their priorities, seldom worry, and easily put off responsibilities. Others worry constantly, and that stress keeps them from focusing on the task at hand. Some procrastinate because they fear failure; others procrastinate because they fear success or are so perfectionistic that they don’t want to let themselves down. Some are dreamers. Many different factors are involved, and there are different styles of procrastinating.

Just as there are different causes, there are different possible solutions for procrastination. Different strategies work for different people. The time management strategies described earlier can help you avoid procrastination. Because this is a psychological issue, some additional psychological strategies can also help:

• Since procrastination is usually a habit, accept that and work on breaking it as you would any other bad habit: one day at a time. Know that every time you overcome feelings of procrastination, the habit becomes weaker—and eventually you’ll have a new habit of being able to start studying right away.
• Schedule times for studying using a daily or weekly planner. Carry it with you and look at it often. Just being aware of the time and what you need to do today can help you get organized and stay on track.
• If you keep thinking of something else you might forget to do later (making you feel like you “must” do it now), write yourself a note about it for later and get it out of your mind.
• Counter a negative with a positive. If you’re procrastinating because you’re not looking forward to a certain task, try to think of the positive future results of doing the work.
• Counter a negative with a worse negative. If thinking about the positive results of completing the task doesn’t motivate you to get started, think about what could happen if you keep procrastinating. You’ll have to study tomorrow instead of doing something fun you had planned. Or you could fail the test. Some people can jolt themselves right out of procrastination.
• On the other hand, fear causes procrastination in some people—so don’t dwell on the thought of failing. If you’re studying for a test, and you’re so afraid of failing it that you can’t focus on studying and you start procrastinating, try to put things in perspective. Even if it’s your most difficult class and you don’t understand everything about the topic, that doesn’t mean you’ll fail, even if you may not receive an A or a B.
• Study with a motivated friend. Form a study group with other students who are motivated and won’t procrastinate along with you. You’ll learn good habits from them while getting the work done now.
• Keep a study journal. At least once a day write an entry about how you have used your time and whether you succeeded with your schedule for the day. If not, identify what factors kept you from doing your work. (Use the form at the end of this chapter.) This journal will help you see your own habits and distractions so that you can avoid things that lead to procrastination.
• Get help. If you really can’t stay on track with your study schedule, or if you’re always putting things off until the last minute, see a college counselor. They have lots of experience with this common student problem and can help you find ways to overcome this habit.

Calendar Planners and To-Do Lists

Calendar planners and to-do lists are effective ways to organize your time. Many types of academic planners are commercially available (check your college bookstore), or you can make your own. Some people like a page for each day, and some like a week at a time. Some use computer calendars and planners. Almost any system will work well if you use it consistently.

Some college students think they don’t need to actually write down their schedule and daily to-do lists. They’ve always kept it in their head before, so why write it down in a planner now? Some first-year students were talking about this one day in a study group, and one bragged that she had never had to write down her calendar because she never forgot dates. Another student reminded her how she’d forgotten a preregistration date and missed taking a course she really wanted because the class was full by the time she went online to register. “Well,” she said, “except for that time, I never forget anything!” Of course, none of us ever forgets anything—until we do.

Calendars and planners help you look ahead and write in important dates and deadlines so you don’t forget. But it’s just as important to use the planner to schedule your own time, not just deadlines. For example, you’ll learn later that the most effective way to study for an exam is to study in several short periods over several days. You can easily do this by choosing time slots in your weekly planner over several days that you will commit to studying for this test. You don’t need to fill every time slot, or to schedule every single thing that you do, but the more carefully and consistently you use your planner, the more successfully will you manage your time.

But a planner cannot contain every single thing that may occur in a day. We’d go crazy if we tried to schedule every telephone call, every e-mail, every bill to pay, every trip to the grocery store. For these items, we use a to-do list, which may be kept on a separate page in the planner.

Check the example of a weekly planner form in Figure 2.5 “Weekly Planner” . (You can copy this page and use it to begin your schedule planning. By using this first, you will find out whether these time slots are big enough for you or whether you’d prefer a separate planner page for each day.) Fill in this planner form for next week. First write in all your class meeting times; your work or volunteer schedule; and your usual hours for sleep, family activities, and any other activities at fixed times. Don’t forget time needed for transportation, meals, and so on. Your first goal is to find all the blocks of “free time” that are left over.

Remember that this is an academic planner . Don’t try to schedule in everything in your life—this is to plan ahead to use your study time most effectively.

Next, check the syllabus for each of your courses and write important dates in the planner. If your planner has pages for the whole term, write in all exams and deadlines. Use red ink or a highlighter for these key dates. Write them in the hour slot for the class when the test occurs or when the paper is due, for example. (If you don’t yet have a planner large enough for the whole term, use Figure 2.5 “Weekly Planner” and write any deadlines for your second week in the margin to the right. You need to know what’s coming next week to help schedule how you’re studying this week.)

Figure 2.5 Weekly Planner

Remember that for every hour spent in class, plan an average of two hours studying outside of class. These are the time periods you now want to schedule in your planner. These times change from week to week, with one course requiring more time in one week because of a paper due at the end of the week and a different course requiring more the next week because of a major exam. Make sure you block out enough hours in the week to accomplish what you need to do. As you choose your study times, consider what times of day you are at your best and what times you prefer to use for social or other activities.

Don’t try to micromanage your schedule. Don’t try to estimate exactly how many minutes you’ll need two weeks from today to read a given chapter in a given textbook. Instead, just choose the blocks of time you will use for your studies. Don’t yet write in the exact study activity—just reserve the block. Next, look at the major deadlines for projects and exams that you wrote in earlier. Estimate how much time you may need for each and work backward on the schedule from the due date. For example,

You have a short paper due on Friday. You determine that you’ll spend ten hours total on it, from initial brainstorming and planning through to drafting and revising. Since you have other things also going on that week, you want to get an early start; you might choose to block an hour a week ahead on Saturday morning, to brainstorm your topic, and jot some preliminary notes. Monday evening is a good time to spend two hours on the next step or prewriting activities. Since you have a lot of time open Tuesday afternoon, you decide that’s the best time to reserve to write the first draft; you block out three or four hours. You make a note on the schedule to leave time open that afternoon to see your instructor during office hours in case you have any questions on the paper; if not, you’ll finish the draft or start revising. Thursday, you schedule a last block of time to revise and polish the final draft due tomorrow.

If you’re surprised by this amount of planning, you may be the kind of student who used to think, “The paper’s due Friday—I have enough time Thursday afternoon, so I’ll write it then.” What’s wrong with that? First, college work is more demanding than many first-year students realize, and the instructor expects higher-quality work than you can churn out quickly without revising. Second, if you are tired on Thursday because you didn’t sleep well Wednesday night, you may be much less productive than you hoped—and without a time buffer, you’re forced to turn in a paper that is not your best work.

Figure 2.6 “Example of a Student’s Weekly Planner Page with Class Times and Important Study Sessions” shows what one student’s schedule looks like for a week. This is intended only to show you one way to block out time—you’ll quickly find a way that works best for you.

Figure 2.6 Example of a Student’s Weekly Planner Page with Class Times and Important Study Sessions

Here are some more tips for successful schedule planning:

• Studying is often most effective immediately after a class meeting. If your schedule allows, block out appropriate study time after class periods.
• Be realistic about time when you make your schedule. If your class runs to four o’clock and it takes you twenty minutes to wrap things up and reach your study location, don’t figure you’ll have a full hour of study between four o’clock and five o’clock.
• Don’t overdo it. Few people can study four or five hours nonstop, and scheduling extended time periods like that may just set you up for failure.
• Schedule social events that occur at set times, but just leave holes in the schedule for other activities. Enjoy those open times and recharge your energies!
• Try to schedule some time for exercise at least three days a week.
• Plan to use your time between classes wisely. If three days a week you have the same hour free between two classes, what should you do with those three hours? Maybe you need to eat, walk across campus, or run an errand. But say you have an average forty minutes free at that time on each day. Instead of just frittering the time away, use it to review your notes from the previous class or for the coming class or to read a short assignment. Over the whole term, that forty minutes three times a week adds up to a lot of study time.
• If a study activity is taking longer than you had scheduled, look ahead and adjust your weekly planner to prevent the stress of feeling behind.
• If you maintain your schedule on your computer or smartphone, it’s still a good idea to print and carry it with you. Don’t risk losing valuable study time if you’re away from the device.
• If you’re not paying close attention to everything in your planner, use a colored highlighter to mark the times blocked out for really important things.
• When following your schedule, pay attention to starting and stopping times. If you planned to start your test review at four o’clock after an hour of reading for a different class, don’t let the reading run long and take time away from studying for the test.

Your Daily To-Do List

People use to-do lists in different ways, and you should find what works best for you. As with your planner, consistent use of your to-do list will make it an effective habit.

Some people prefer not to carry their planner everywhere but instead copy the key information for the day onto a to-do list. Using this approach, your daily to-do list starts out with your key scheduled activities and then adds other things you hope to do today.

Some people use their to-do list only for things not on their planner, such as short errands, phone calls or e-mail, and the like. This still includes important things—but they’re not scheduled out for specific times.

Although we call it a daily list, the to-do list can also include things you may not get to today but don’t want to forget about. Keeping these things on the list, even if they’re a low priority, helps ensure that eventually you’ll get to it.

Start every day with a fresh to-do list written in a special small notebook or on a clean page in your planner. Check your planner for key activities for the day and check yesterday’s list for items remaining.

Some items won’t require much time, but other activities such as assignments will. Include a time estimate for these so that later you can do them when you have enough free time. If you finish lunch and have twenty-five minutes left before your next class, what things on the list can you do now and check off?

Finally, use some system to prioritize things on your list. Some students use a 1, 2, 3 or A, B, C rating system for importance. Others simply highlight or circle items that are critical to get done today. Figure 2.7 “Examples of Two Different Students’ To-Do Lists” shows two different to-do lists—each very different but each effective for the student using it.

Figure 2.7 Examples of Two Different Students’ To-Do Lists

Use whatever format works best for you to prioritize or highlight the most important activities.

Here are some more tips for effectively using your daily to-do list:

• Be specific: “Read history chapter 2 (30 pages)”—not “History homework.”
• Put important things high on your list where you’ll see them every time you check the list.
• Make your list at the same time every day so that it becomes a habit.
• Don’t make your list overwhelming. If you added everything you eventually need to do, you could end up with so many things on the list that you’d never read through them all. If you worry you might forget something, write it in the margin of your planner’s page a week or two away.
• Use your list. Lists often include little things that may take only a few minutes to do, so check your list any time during the day you have a moment free.
• Cross out or check off things after you’ve done them—doing this becomes rewarding.
• Don’t use your to-do list to procrastinate. Don’t pull it out to find something else you just “have” to do instead of studying!

Time Management Tips for Students Who Work

If you’re both working and taking classes, you seldom have large blocks of free time. Avoid temptations to stay up very late studying, for losing sleep can lead to a downward spiral in performance at both work and school. Instead, try to follow these guidelines:

• If possible, adjust your work or sleep hours so that you don’t spend your most productive times at work. If your job offers flex time, arrange your schedule to be free to study at times when you perform best.
• Try to arrange your class and work schedules to minimize commuting time. If you are a part-time student taking two classes, taking classes back-to-back two or three days a week uses less time than spreading them out over four or five days. Working four ten-hour days rather than five eight-hour days reduces time lost to travel, getting ready for work, and so on.
• If you can’t arrange an effective schedule for classes and work, consider online courses that allow you to do most of the work on your own time.
• Use your daily and weekly planner conscientiously. Any time you have thirty minutes or more free, schedule a study activity.
• Consider your “body clock” when you schedule activities. Plan easier tasks for those times when you’re often fatigued and reserve alert times for more demanding tasks.
• Look for any “hidden” time potentials. Maybe you prefer the thirty-minute drive to work over a forty-five-minute train ride. But if you can read on the train, that’s a gain of ninety minutes every day at the cost of thirty minutes longer travel time. An hour a day can make a huge difference in your studies.
• Can you do quick study tasks during slow times at work? Take your class notes with you and use even five minutes of free time wisely.
• Remember your long-term goals. You need to work, but you also want to finish your college program. If you have the opportunity to volunteer for some overtime, consider whether it’s really worth it. Sure, the extra money would help, but could the extra time put you at risk for not doing well in your classes?
• Be as organized on the job as you are academically. Use your planner and to-do list for work matters, too. The better organized you are at work, the less stress you’ll feel—and the more successful you’ll be as a student also.
• If you have a family as well as a job, your time is even more limited. In addition to the previous tips, try some of the strategies that follow.

Time Management Tips for Students with Family

Living with family members often introduces additional time stresses. You may have family obligations that require careful time management. Use all the strategies described earlier, including family time in your daily plans the same as you would hours spent at work. Don’t assume that you’ll be “free” every hour you’re home, because family events or a family member’s need for your assistance may occur at unexpected times. Schedule your important academic work well ahead and in blocks of time you control. See also the earlier suggestions for controlling your space: you may need to use the library or another space to ensure you are not interrupted or distracted during important study times.

Students with their own families are likely to feel time pressures. After all, you can’t just tell your partner or kids that you’ll see them in a couple years when you’re not so busy with job and college! In addition to all the planning and study strategies discussed so far, you also need to manage your family relationships and time spent with family. While there’s no magical solution for making more hours in the day, even with this added time pressure there are ways to balance your life well:

• Talk everything over with your family. If you’re going back to school, your family members may not have realized changes will occur. Don’t let them be shocked by sudden household changes. Keep communication lines open so that your partner and children feel they’re together with you in this new adventure. Eventually you will need their support.
• Work to enjoy your time together, whatever you’re doing. You may not have as much time together as previously, but cherish the time you do have—even if it’s washing dishes together or cleaning house. If you’ve been studying for two hours and need a break, spend the next ten minutes with family instead of checking e-mail or watching television. Ultimately, the important thing is being together , not going out to movies or dinners or the special things you used to do when you had more time. Look forward to being with family and appreciate every moment you are together, and they will share your attitude.

Make the most of your time with family, since you’ll also need time alone for studying.

Lee Ruk – 2015 July 01,Family visit – CC BY-SA 2.0.

• Combine activities to get the most out of time. Don’t let your children watch television or play video games off by themselves while you’re cooking dinner, or you may find you have only twenty minutes family time together while eating. Instead, bring the family together in the kitchen and give everyone something to do. You can have a lot of fun together and share the day’s experiences, and you won’t feel so bad then if you have to go off and study by yourself.
• Share the load. Even children who are very young can help with household chores to give you more time. Attitude is everything: try to make it fun, the whole family pulling together—not something they “have” to do and may resent, just because Mom or Dad went back to school. (Remember, your kids will reach college age someday, and you want them to have a good attitude about college.) As they get older, they can do their own laundry, cook meals, and get themselves off to school, and older teens can run errands and do the grocery shopping. They will gain in the process by becoming more responsible and independent.
• Schedule your study time based on family activities. If you face interruptions from young children in the early evening, use that time for something simple like reviewing class notes. When you need more quiet time for concentrated reading, wait until they’ve gone to bed.
• Be creative with child care. Usually options are available, possibly involving extended family members, sitters, older siblings, cooperative child care with other adult students, as well as child-care centers. After a certain age, you can take your child along to campus when you attend an evening course, if there is somewhere the child can quietly read. At home, let your child have a friend over to play with. Network with other older students and learn what has worked for them. Explore all possibilities to ensure you have time to meet your college goals. And don’t feel guilty: “day care babies” grow up just as healthy psychologically as those raised in the home full time.

Time Management Tips for Student Athletes

Student athletes often face unique time pressures because of the amount of time required for training, practice, and competition. During some parts of the year, athletics may involve as many hours as a full-time job. The athletic schedule can be grueling, involving weekend travel and intensive blocks of time. You can be exhausted after workouts or competitions, affecting how well you can concentrate on studies thereafter. Students on athletic scholarships often feel their sport is their most important reason for being in college, and this priority can affect their attitudes toward studying. For all of these reasons, student athletes face special time management challenges. Here are some tips for succeeding in both your sport and academics:

• Realize that even if your sport is more important to you, you risk everything if you don’t also succeed in your academics. Failing one class in your first year won’t get you kicked out, but you’ll have to make up that class—and you’ll end up spending more time on the subject than if you’d studied more to pass it the first time.
• It’s critical to plan ahead. If you have a big test or a paper due the Monday after a big weekend game, start early. Use your weekly planner to plan well in advance, making it a goal, for example, to have the paper done by Friday—instead of thinking you can magically get it done Sunday night after victory celebrations. Working ahead will also free your mind to focus better on your sport.
• Accept that you have two priorities—your sport and your classes—and that both come before your social life. That’s just how it is—what you have accepted in your choice to be a college athlete. If it helps, think of your classes as your job; you have to “go to study” the same as others “go to work.”
• Use your planner to take advantage of any downtime you have during the day between classes and at lunch. Other students may seem to have the luxury of studying during much of the afternoon when you’re at practice, and maybe they can get away with hanging out between classes, but you don’t have that time available, at least not during the season. You need to use all the time you can find to keep up with your studying.
• Stay on top of your courses. If you allow yourself to start slipping behind, maybe telling yourself you’ll have more time later on to catch up, just the opposite will happen. Once you get behind, you’ll lose momentum and find it more difficult to understand what’s going on the class. Eventually the stress will affect your athletic performance also.
• Get help when you need it. Many athletic departments offer tutoring services or referrals for extra help. But don’t wait until you’re at risk for failing a class before seeking help. A tutor won’t take your test or write your paper for you—they can only help you focus in to use your time productively in your studies. You still have to want to succeed.

Key Takeaways

• People “use” time very differently. To develop strategies for managing your time, discover your time personality and observe how much time you spend in different activities in the course of a week.
• Plan your schedule with two hours of study time for each hour in class. Use your most alert times of day, break up large tasks into smaller pieces and stages, take breaks to help you stay focused, avoid distractions, and reward yourself for successful accomplishments.
• Procrastination has many different causes for different people but is a problem for most students. Different techniques can help you battle procrastination so you can get the job done.
• Use a weekly calendar planner to block out study times and plan well ahead for examinations and key assignments to achieve success in school.
• Use a daily to-do list along with your weekly planner to avoid overlooking even smaller tasks and to make the most of your time throughout the day.
• Students who work, live with family, or are athletes often face significant time pressures and must make a special effort to stay organized and plan ahead for efficient studying.

Checkpoint Exercises

What time(s) of day are you at your most alert?

_________________________

What time(s) of day are you at your least alert?

What category of discretionary activity (not sleeping, working, studying, etc.) represents your largest use of time?

Can you reduce the time you spend in that activity if you need more time for your coursework?

For each of the following statements about time management, circle T for true or F for false:

• Without looking at your planner, to-do list, or anything else in writing, quickly write a list of everything you need to do in the next few days. Then look through your planner, to-do list, and any other class notes for anything you missed. What might you have forgotten or delayed if you weren’t keeping a planner and to-do list?

Without looking at your weekly or daily schedule, think about your typical week and the times you have free when not in class, working, studying, eating, socializing, and so on. List at least three “downtimes” when you don’t usually study that you can use for coursework when necessary.

_________________________________________

College Success Copyright © 2015 by University of Minnesota is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License , except where otherwise noted.

Understanding Assignments

What this handout is about.

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

Basic beginnings

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

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

Assignment formats

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

An Overview of Some Kind

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

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

The Task of the Assignment

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

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

Additional Material to Think about

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

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

These are the instructor’s comments about writing expectations:

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

Technical Details

These instructions usually indicate format rules or guidelines.

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

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

Interpreting the assignment

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

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

Who is your audience.

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

What kind of writing style is acceptable?

• What are the absolute rules of the paper?

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

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

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

Key Terms: Finding Those Active Verbs

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

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

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

Relation words Ask you to demonstrate how things are connected.

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

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

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

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

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

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

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

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

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

The Grim Truth

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

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

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

What kind of evidence do you need?

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

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

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

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

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

Technical details about the assignment

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

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

Tricks that don’t work

Your instructors are not fooled when you:

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

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

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

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4 Key Points for Effective Assignment Writing

Methodology

By Christina Desouza

Writing an effective assignment is more of an art than a science. It demands critical thinking, thorough research, organized planning, and polished execution. As a professional academic writer with over four years of experience, I've honed these skills and discovered proven strategies for creating standout assignments.

In this article, I will delve into the four key steps of assignment writing, offering detailed advice and actionable tips to help students master this craft.

1.    Start With Research

In-depth research is the cornerstone of any high-quality assignment. It allows you to gain a profound understanding of your topic and equip yourself with relevant data, compelling arguments, and unique insights.

Here's how to do it right:

●       Diversify Your Sources

Don't limit yourself to the first page of Google results. Make use of academic databases like JSTOR , Google Scholar , PubMed , or your school's online library. These resources house a plethora of scholarly articles, research papers, and academic books that can provide you with valuable information.

●       Verify Information

Remember, not all information is created equal. Cross-check facts and data from multiple reliable sources to ensure accuracy. Look for consensus among experts on contentious issues.

●       Stay Organized

Keep track of your resources as you go. Tools like Zotero or Mendeley can help you organize your references and generate citations in various formats. This will save you from scrambling to find sources when you're wrapping up your assignment.

1.    Prepare Assignment Structure

Creating a well-planned structure for your assignment is akin to drawing a roadmap. It helps you stay on track and ensures that your ideas flow logically. Here's what to consider:

●       Develop an Outline

The basic structure of an assignment includes an introduction, body, and conclusion. The introduction should present the topic and establish the purpose of your assignment. The body should delve into the topic in detail, backed by your research. The conclusion should summarize your findings or arguments without introducing new ideas.

●       Use Subheadings

Subheadings make your assignment easier to read and follow. They allow you to break down complex ideas into manageable sections. As a rule of thumb, each paragraph should cover one idea or argument.

●       Allocate Word Count

Assignments often come with word limits. Allocate word count for each section of your assignment based on its importance to avoid overwriting or underwriting any part.

1.    Start Assignment Writing

Writing your assignment is where your research and planning come to fruition. You now have a robust foundation to build upon, and it's time to craft a compelling narrative.

Here's how to accomplish this:

●       Write a Gripping Introduction

Your introduction is the gateway to your assignment. Make it captivating. Start with a hook—a surprising fact, an interesting quote, or a thought-provoking question—to grab your readers' attention. Provide an overview of what your assignment is about and the purpose it serves. A well-crafted introduction sets the tone for the rest of the assignment and motivates your readers to delve deeper into your work.

●       Develop a Comprehensive Body

The body of your assignment is where you delve into the details. Develop your arguments, present your data, and discuss your findings. Use clear and concise language. Avoid jargon unless necessary. Each paragraph should cover one idea or argument to maintain readability.

●       Craft a Convincing Conclusion

Your conclusion is your final chance to leave an impression on your reader. Summarize your key findings or arguments without introducing new ideas. Reinforce the purpose of your assignment and provide a clear answer to the question or problem you addressed in the introduction. A strong conclusion leaves your readers with a sense of closure and a full understanding of your topic.

●       Write Clearly

Use straightforward sentences and avoid jargon. Your goal is to communicate, not to confuse. Tools like Hemingway Editor can help ensure your writing is clear and concise.

●       Use Paraphrasingtool.ai

Paraphrasingtool.ai is an AI-powered tool that can enhance your assignment writing. It reformulates your sentences while preserving their meaning. It not only helps you avoid plagiarism but also enhances the readability of your work.

●       Cite Your Sources

Citations are a critical part of assignment writing. They acknowledge the work of others you've built upon and demonstrate the depth of your research. Always include in-text citations and a bibliography at the end. This not only maintains academic integrity but also gives your readers resources to delve deeper into the topic if they wish.

1.    Review and Proofread The Assignment

Reviewing and proofreading are the final but critical steps in assignment writing. They ensure your assignment is free from errors and that your ideas are coherently presented. Here's how to do it effectively:

●       Take a Break

After you finish writing, take a break before you start proofreading. Fresh eyes are more likely to spot mistakes and inconsistencies.

●       Read Aloud

Reading your work aloud can help you identify awkward phrasing, run-on sentences, and typos. You're more likely to catch errors when you hear them, as it requires a different type of processing than reading silently.

●       Use Proofreading Tools

Digital tools like Grammarly can be your second pair of eyes, helping you spot grammatical errors, typos, and even issues with sentence structure. However, don't rely solely on these tools—make sure to manually review your work as well.

Effective assignment writing is a skill that takes practice to master. It requires meticulous research, organized planning, clear writing, and careful proofreading. The steps and tips outlined in this article are by no means exhaustive, but they provide a solid framework to start from.

Remember, there is always room for improvement. Don't be disheartened by initial challenges. Each assignment is an opportunity to learn, grow, and sharpen your writing skills. So, be persistent, stay curious, and keep refining your craft. With time and practice, you will find yourself writing assignments that are not just excellent, but truly outstanding.

Assignments: why you need to serve a notice of assignment

It's the day of completion; security is taken, assignments are completed and funds move. Everyone breathes a sigh of relief. At this point, no-one wants to create unnecessary paperwork - not even the lawyers! Notices of assignment are, in some circumstances, optional. However, in other transactions they could be crucial to a lender's enforcement strategy. In the article below, we have given you the facts you need to consider when deciding whether or not you need to serve notice of assignment.

What issues are there with serving notice of assignment?

Assignments are useful tools for adding flexibility to banking transactions. They enable the transfer of one party's rights under a contract to a new party (for example, the right to receive an income stream or a debt) and allow security to be taken over intangible assets which might be unsuitable targets for a fixed charge. A lender's security net will often include assignments over contracts (such as insurance or material contracts), intellectual property rights, investments or receivables.

An assignment can be a legal assignment or an equitable assignment. If a legal assignment is required, the assignment must comply with a set of formalities set out in s136 of the Law of Property Act 1925, which include the requirement to give notice to the contract counterparty.

The main difference between legal and equitable assignments (other than the formalities required to create them) is that with a legal assignment, the assignee can usually bring an action against the contract counterparty in its own name following assignment. However, with an equitable assignment, the assignee will usually be required to join in proceedings with the assignor (unless the assignee has been granted specific powers to circumvent that). That may be problematic if the assignor is no longer available or interested in participating.

Why should we serve a notice of assignment?

The legal status of the assignment may affect the credit scoring that can be given to a particular class of assets. It may also affect a lender's ability to effect part of its exit strategy if that strategy requires the lender to be able to deal directly with the contract counterparty.

The case of General Nutrition Investment Company (GNIC) v Holland and Barrett International Ltd and another (H&B) provides an example of an equitable assignee being unable to deal directly with a contract counterparty as a result of a failure to provide a notice of assignment.

The case concerned the assignment of a trade mark licence to GNIC . The other party to the licence agreement was H&B. H&B had not received notice of the assignment. GNIC tried to terminate the licence agreement for breach by serving a notice of termination. H&B disputed the termination. By this point in time the original licensor had been dissolved and so was unable to assist.

At a hearing of preliminary issues, the High Court held that the notices of termination served by GNIC , as an equitable assignee, were invalid, because no notice of the assignment had been given to the licensee. Although only a High Court decision, this follows a Court of Appeal decision in the Warner Bros Records Inc v Rollgreen Ltd case, which was decided in the context of the attempt to exercise an option.

In both cases, an equitable assignee attempted to exercise a contractual right that would change the contractual relationship between the parties (i.e. by terminating the contractual relationship or exercising an option to extend the term of a licence). The judge in GNIC felt that "in each case, the counterparty (the recipient of the relevant notice) is entitled to see that the potential change in his contractual position is brought about by a person who is entitled, and whom he can see to be entitled, to bring about that change".

In a security context, this could hamper the ability of a lender to maximise the value of the secured assets but yet is a constraint that, in most transactions, could be easily avoided.

Why not serve notice?

Sometimes it's just not necessary or desirable. For example:

• If security is being taken over a large number of low value receivables or contracts, the time and cost involved in giving notice may be disproportionate to the additional value gained by obtaining a legal rather than an equitable assignment.
• If enforcement action were required, the equitable assignee typically has the option to join in the assignor to any proceedings (if it could not be waived by the court) and provision could be made in the assignment deed for the assignor to assist in such situations. Powers of attorney are also typically granted so that a lender can bring an action in the assignor's name.
• Enforcement is often not considered to be a significant issue given that the vast majority of assignees will never need to bring claims against the contract counterparty.

Care should however, be taken in all circumstances where the underlying contract contains a ban on assignment, as the contract counterparty would not have to recognise an assignment that is made in contravention of that ban. Furthermore, that contravention in itself may trigger termination and/or other rights in the assigned contract, that could affect the value of any underlying security.

What about acknowledgements of notices?

A simple acknowledgement of service of notice is simply evidence of the notice having been received. However, these documents often contain commitments or assurances by the contract counterparty which increase their value to the assignee.

Best practice for serving notice of assignment

Each transaction is different and the weighting given to each element of the security package will depend upon the nature of the debt and the borrower's business. The service of a notice of assignment may be a necessity or an optional extra. In each case, the question of whether to serve notice is best considered with your advisers at the start of a transaction to allow time for the lender's priorities to be highlighted to the borrowers and captured within the documents.

For further advice on serving notice of assignment please contact Kirsty Barnes or Catherine Phillips  from our Banking & Finance team.

• [email protected]
• T:  +44 (0)370 733 0605
• Download vCard for  Catherine Phillips

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Home / Blog / 15 foolproof tips for writing a great assignment

15 foolproof tips for writing a great assignment

15th Aug 2015

Student advice

If you’re the kind of person that only has to hear the word “assignment” and immediately has flashbacks to stuffy classrooms, ticking clocks and staring a blank page for hours….DON’T PANIC.

Our 15 foolproof tips for writing a great assignment will guide you to success.

Before you start…

1. do your reading.

Your course or module will have a reading list; make sure you actually use it! Your tutors choose texts to specifically help with your assignments and modules, and you’ll gain some valuable insights into the topic that are sure to make writing your assignment easier.

Expert tip:  If you have the time, do some reading from other sources not on your list to back up your argument.

2. Check the deadline

There’s nothing worse than scheduling time to sit down and write then glancing at the calendar and realising you’ve only got a few days left. Double-checking the deadline means you’ll have no nasty surprises.

Expert tip:  There are many apps out there that can add a ‘countdown’ to your phone or tablet. Use these to keep your assignment deadline front of mind.

3. Plan your time

Finding time to write is easier said than done, but if you break your time down into manageable chunks you’ll find it’s much easier to keep on top of your workload. Try scheduling mini-deadlines along the way (e.g. aim to have the first section done by a certain day) to keep your momentum going.

Expert tip:  Be realistic about the time you have spare, and the time you’re willing to give up. If you schedule a writing session at 9 p.m. on Friday evening when you’d rather be relaxing, chances are you won’t get anything done.

4. Ask for help (if you need it)

If there’s any doubt in your mind about the question or the requirements of the assignment, ask your tutor. It’s better to start right than have to re-write in the last few days.

Expert tip:  Remember, your tutor wants you to do well. He or she will not be annoyed if you need to ask a few questions.

5. Plan your assignment structure

Before you start, it can help to create a basic assignment structure. This can be as detailed as you like but the basic structure should contain your introduction points, your key arguments and points, and your planned conclusion.

Expert tip:  Try writing out your plan on sticky notes. These will allow you to rearrange your arguments and points easily as your plan develops.

As you’re writing…

6. introduction.

You wouldn’t start a conversation without introducing yourself; your assignment is the same. Your first paragraph should introduce your key argument, add a bit of context and the key issues of the question, and then go on to explain how you plan to answer it.

Expert tip:  Some people find it easier to write their introduction after they’ve finished the rest of their assignment. Give it a try!

7. Structure your argument

As you write the body of your assignment, make sure that each point you make has some supporting evidence. Use statistics or quotes you gathered during your reading to support your argument, or even as something to argue against.

Expert tip:  If you’re using a lot of different sources, it’s easy to forget to add them to your reference list. Make things easier for yourself by writing it as you go along.

8. Conclusion

Your conclusion is your final chance to summarise your argument and leave a lasting impression with your reader. Make sure you recap the key points and arguments you made in your assignment, including supporting evidence if needed.

Expert tip:  Make sure that you don’t introduce any new ideas in your conclusion; this section is purely for summarising your previous arguments.

9. Getting over writer’s block

Struggling to write? There’s nothing more frustrating than putting aside time to write and then just staring at a blank page. Luckily, there are lots of thing to try to get you inspired : a change of scenery, putting on some music, writing another section of the essay or just taking a short break.

Expert tip:  If you find yourself unable to write, try to use your time to read ahead or re-read what you’ve already written.

10. Make sure you use your ‘essay voice’

While each university, school or each college will probably have its own style guide, you should always use a neutral and professional tone when writing an assignment. Try to avoid slang, overly-familiar phrases and definitely don’t use text-speak!

Expert tip:  If you’re not sure about a phrase or word, search for it online to see what other publications use it. If it’s in a dictionary or used by a national newspaper it’s probably OK to use in your assignment.

After you finish…

11. get a little distance.

If you’ve got time (and you should have if you managed to stick to your schedule!), put your first draft aside for a day or two before re-reading it. This will give you time to step back and read your assignment objectively, making it easier to spot mistakes and issues.

Expert tip:  If you find it easier to review on paper, print out your assignment with double-line spacing to accommodate your notes and corrections.

12. Make sure you’ve answered the question

As you’re reading through your first draft of your assignment, check that all your points are relevant to the original question. It’s easy to drift off on a tangent when you’re in mid-flow.

Expert tip:  Read each paragraph and consider it on its own merit as to whether it answers the question, and also to check that it contributes to your overall argument.

13. Don’t be afraid to cut text out

Sometimes, when you’ve struggled to reach a word count it can be hard to remove text that you’ve slaved over. But if a piece of text isn’t supporting your argument then it doesn’t have a place in your assignment.

Expert tip:  With word processing software, the ‘Track Changes’ feature allows you to edit text without losing it forever. And if you realise later that you’ve made a mistake, just reject the change.

14. Check and double-check your spelling

Nothing can give a bad impression as quickly as a spelling mistake. Errors are distracting, look unprofessional and in the worst case they can undermine your argument. If you’re unsure about the correct use of a word, look it up online or use an alternative that you’re more comfortable with.

Expert tip:  While you’re running your spell-checker, check your word count too. You’re usually allowed to deviate by 10% above or below the assignment word count, but check with your institution’s guidelines.

15. Cite your sources

References and creating a bibliography are key skills that you unfortunately have to master when writing an assignment. Check your institution’s guidelines before you start to make sure you’re including all the information you need.

Expert tip:  Some eBooks have a citation feature that automatically collates all the information you need for your bibliography.

Wondering how you can apply these skills? Download a prospectus to choose your course today!

14.1 Assignment of Contract Rights

Learning objectives.

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

The Concept of a Contract Assignment

Contracts create rights and duties. By an assignment The passing or delivering by one person to another of the right to a contract benefit. , an obligee One to whom an obligation is owed. (one who has the right to receive a contract benefit) transfers a right to receive a contract benefit owed by the obligor One who owes an obligation. (the one who has a duty to perform) to a third person ( assignee One to whom the right to receive benefit of a contract is passed or delivered. ); the obligee then becomes an assignor One who agrees to allow another to receive the benefit of a contract. (one who makes an assignment).

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

Figure 14.1 Assignment of Rights

Method of Assignment

Manifesting assent.

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

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

Acceptance and Revocation

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

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

Effect of Assignment

General rule.

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

The “shoe rule” does not apply to two types of assignments. First, it is inapplicable to the sale of a negotiable instrument to a holder in due course (covered in detail Chapter 23 "Negotiation of Commercial Paper" ). Second, the rule may be waived: under the UCC and at common law, the obligor may agree in the original contract not to raise defenses against the assignee that could have been raised against the assignor. Uniform Commercial Code, Section 9-206. While a waiver of defenses Surrender by a party of legal rights otherwise available to him or her. makes the assignment more marketable from the assignee’s point of view, it is a situation fraught with peril to an obligor, who may sign a contract without understanding the full import of the waiver. Under the waiver rule, for example, a farmer who buys a tractor on credit and discovers later that it does not work would still be required to pay a credit company that purchased the contract; his defense that the merchandise was shoddy would be unavailing (he would, as used to be said, be “having to pay on a dead horse”).

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

When Assignments Are Not Allowed

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

Material Change in Duties of the Obligor

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

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

Assignment of Personal Rights

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

Assignment Forbidden by Statute or Public Policy

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

Contracts That Prohibit Assignment

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

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

Future Contracts

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

Partial Assignments

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

Successive Assignments

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

Some states follow the different English rule: the first assignee to give notice to the obligor has priority, regardless of the order in which the assignments were made. Furthermore, if the assignment falls within the filing requirements of UCC Article 9 (see Chapter 28 "Secured Transactions and Suretyship" ), the first assignee to file will prevail.

Figure 14.2 Successive Assignments

Assignor’s Warranties

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

Key Takeaway

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

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

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

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