what is an assignment of a contract

Assignment of Contract

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

How Does Assignment of Contract Work?

An assignment of contract is simpler than you might think.

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

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

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

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

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

Contract Assignment Examples

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

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

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

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

Assignment of Contract in Real Estate

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

This process is called real estate wholesaling.

Real Estate Wholesaling

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

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

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

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

But how do real estate wholesalers find these properties?

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

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

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

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

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

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

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

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

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

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

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

Who Handles Assignment of Contract?

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

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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What Is an Assignment of Contract?

Assignment of Contract Explained

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Assignment of contract allows one person to assign, or transfer, their rights, obligations, or property to another. An assignment of contract clause is often included in contracts to give either party the opportunity to transfer their part of the contract to someone else in the future. Many assignment clauses require that both parties agree to the assignment.

Learn more about assignment of contract and how it works.

What Is Assignment of Contract?

Assignment of contract means the contract and the property, rights, or obligations within it can be assigned to another party. An assignment of contract clause can typically be found in a business contract. This type of clause is common in contracts with suppliers or vendors and in intellectual property (patent, trademark , and copyright) agreements.

How Does Assignment of Contract Work?

An assignment may be made to anyone, but it is typically made to a subsidiary or a successor. A subsidiary is a business owned by another business, while a successor is the business that follows a sale, acquisition, or merger.

Let’s suppose Ken owns a lawn mowing service and he has a contract with a real estate firm to mow at each of their offices every week in the summer. The contract includes an assignment clause, so when Ken goes out of business, he assigns the contract to his sister-in-law Karrie, who also owns a lawn mowing service.

Before you try to assign something in a contract, check the contract to make sure it's allowed, and notify the other party in the contract.

Assignment usually is included in a specific clause in a contract. It typically includes transfer of both accountability and responsibility to another party, but liability usually remains with the assignor (the person doing the assigning) unless there is language to the contrary.

What Does Assignment of Contract Cover?

Generally, just about anything of value in a contract can be assigned, unless there is a specific law or public policy disallowing the assignment.

Rights and obligations of specific people can’t be assigned because special skills and abilities can’t be transferred. This is called specific performance.   For example, Billy Joel wouldn't be able to transfer or assign a contract to perform at Madison Square Garden to someone else—they wouldn't have his special abilities.

Assignments won’t stand up in court if the assignment significantly changes the terms of the contract. For example, if Karrie’s business is tree trimming, not lawn mowing, the contract can’t be assigned to her.

Assigning Intellectual Property

Intellectual property (such as copyrights, patents, and trademarks) has value, and these assets are often assigned. The U.S. Patent and Trademark Office (USPTO) says patents are personal property and that patent rights can be assigned. Trademarks, too, can be assigned. The assignment must be registered with the USPTO's Electronic Trademark Assignment System (ETAS) .  

The U.S. Copyright Office doesn't keep a database of copyright assignments, but they will record the document if you follow their procedure.

Alternatives to Assignment of Contract

There are other types of transfers that may be functional alternatives to assignment.

Licensing is an agreement whereby one party leases the rights to use a piece of property (for example, intellectual property) from another. For instance, a business that owns a patent may license another company to make products using that patent.  

Delegation permits someone else to act on your behalf. For example, Ken’s lawn service might delegate Karrie to do mowing for him without assigning the entire contract to her. Ken would still receive the payment and control the work.

Do I Need an Assignment of Contract?

Assignment of contract can be a useful clause to include in a business agreement. The most common cases of assignment of contract in a business situation are:

• Assignment of a trademark, copyright, or patent
• Assignments to a successor company in the case of the sale of the business
• Assignment in a contract with a supplier or customer
• Assignment in an employment contract or work for hire agreement

Before you sign a contract, look to see if there is an assignment clause, and get the advice of an attorney if you want to assign something in a contract.

Key Takeaways

• Assignment of contract is the ability to transfer rights, property, or obligations to another.
• Assignment of contract is a clause often found in business contracts.
• A party may assign a contract to another party if the contract permits it and no law forbids it.

Legal Information Institute. " Assignment ." Accessed Jan. 2, 2021.

Legal Information Institute. " Specific Performance ." Accessed Jan. 2, 2021.

U.S. Patent and Trademark Office. " 301 Ownership/Assignability of Patents and Applications [R-10.2019] ." Accessed Jan. 2, 2021.

Licensing International. " What is Licensing ." Accessed Jan. 2, 2021.

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• Assignment and Delegation

Delving into the complex realm of contract law , this article unravels critical aspects of assignment and delegation. The discourse provides an in-depth understanding of these concepts, differentiates between assignment and delegation and explores their legal importance. Further illumination is cast upon specific clause details with legal case studies demonstrating real-world applications and implications. This comprehensive exploration offers profound insights into the intricate workings of assignment and delegation in contract law .

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Understanding Assignment and Delegation in Contract Law

In the realm of Contract Law , two fundamental concepts are "Assignment" and "Delegation". Mastery over these concepts equips you to better comprehend and interpret legal contracts. Herein, you will find crucial information about these concepts that are pivotal in understanding different facets of Contract Law .

Basic Concepts of Assignment and Delegation

The terms "Assignment" and "Delegation" might sound intimidating initially, but they are quite simple once duly explained. Let's delve deeper into these concepts:

Assignment: Refers to the act of transferring rights under a contract from the assignor (original party to the contract ) to the assignee. In simpler words, the assignor hands over the benefits of the contract to a third party.

Delegation: Involves the transfer of duties under a contract from the delegator (original party) to the delegate. In short, the initial party gets another party to perform its contractual obligations .

Types of Assignment

All assignments are not the same. There are a few different types:

Absolute Assignment

Conditional Assignment

Voluntary Assignment

Types of Delegation

Just like assignment, delegation also varies in its forms:

General Delegation

Special Delegation

As an example, imagine a scenario where you enter into a contract with a popular newspaper for daily delivery service. If you transfer this delivery right to a neighbour, it qualifies as an "Assignment". Now, if the newspaper company gets another agency to deliver the newspapers on their behalf, it's an instance of "Delegation".

Invoking Assignment and Delegation in Contract Law

Knowing how to invoke Assignment and Delegation in Contract Law can unravel complexities and provide clarity in contractual relationships.

Assignability of Contract Rights

The general rule posits that contract rights are freely assignable unless an agreement expressly prohibits it, law restricts it, or asigning might significantly risk the expectancy and duties of the other party.

Delegability of Contract Duties

A contract duty can be delegated unless there is a clause in the contract preventing this, the duties are personal in nature, or delegation would alter performance expectations of the other party.

Consider a contract between a renowned author and a publisher. The publisher cannot delegate the duty of editing the manuscript to someone else, particularly if the contract specifies that the publisher is to do it. Such tasks are personal and thus not delegable.

Difference Between an Assignment and a Delegation

A common area that often leads to some confusion in Contract Law is differentiating between Assignment and Delegation. Even though they are two sides of the same coin involving a third party, their meanings and implications often distinguish them from one another.

Identifying the Dissimilarities: Assignment versus Delegation

Although Assignment and Delegation sound alike, a careful analysis reveals several cardinal distinctions between them. Both are methods of involving a third party to a contract, but their purpose, outcome, and obligations vary considerably.

Assignment essentially transfers rights and benefits of the contract to another party. The obligations generally remain unchanged unless otherwise specified in the contract.

Whereas, Delegation is the process by which duties and responsibilities of a contract are passed on to another party. The fundamental contractual rights remain untouched.

Let's consider a situation to better understand these differences:

Suppose you enter a lease for a home with the intention to sublease it. If you allow another person to live in the house and benefit from the amenities, it is an Assignment. But if you ask the tenant to perform your obligations, like paying the rent or maintaining the property, you are Delegating your responsibilities.

Application of Assignment and Delegation Contracts

The practical applications of Assignment and Delegation contracts are vast. It's essential to understand how these concepts apply in different situations, as the appropriate usage of these contractual elements can significantly influence the contract's effectiveness and its ability to protect the parties' interests.

In business contracts, Assignment and Delegation are often used to build flexibility into relationships with suppliers, vendors, and customers, allowing for smoother operational adjustments when needed.

Here's a simplified summary in a table format:

Consider a business contract between a company and an IT service provider. If the company is unsatisfied with the service and wishes to switch providers, it can assign the benefits of the existing contract, like a predetermined service fee or contractual protection clauses, to a new provider. However, if the company wants a specific task, like system maintenance, to be done by an expert, they can delegate this duty to another highly skilled service provider without altering the contractual rights.

The Legal Importance of the Assignment and Delegation Clause

In any contract, the clause related to Assignment and Delegation holds significant power. It provides insights into how the contractual rights and obligations can be transferred, if at all. This clause not only has a profound impact on shaping the nature of a contractual relationship but can also have far-reaching legal implications.

Exploring the Assignment and Delegation Clause in Detail

Delving into the specifics of the Assignment and Delegation clause is crucial, as the wordings can significantly affect the controllable variables within the contract. This clause serves as a tool to safeguard your interests and provides an avenue for potential adaptability in the future.

The Assignment and Delegation clause is a stipulation embedded in a contract that governs the transferability of contractual rights, benefits, duties, and obligations. It directly pertains to change in parties involved and can assert control over who might step into the original party's shoes.

Focusing on the phraseology is paramount:

An "Assignment" provision allows or prohibits the transferring of rights under a contract.

The "Delegation" provision stipulates the terms for transitioning duties to a third party.

Remember, restrictions on assignments and delegations must be explicitly stated to be enforceable. A table detailing their characteristics and effects is given below:

The clause provides a mechanism to maintain control over contractual changes. For example, a company entering into a contract with a specific technology vendor for their reputation may not want the vendor to delegate the work to another firm.

Case Study: Legal Effects of Assignment and Delegation Clause

Understanding the legal impacts of the assignment and delegation clause can become clearer through practical examples and case studies. This can better illustrate its potential effects on contractual relationships and the legal standing of each party involved.

Consider Party A has a contract with Party B to manufacture widgets. Party B has the rights to the patent. Unforeseen circumstances compel Party A to exit the agreement. However, the contract has an Assignment clause that prohibits transferring it to another party. If Party A still assigns the contract to Party C, here, Party B can sue Party A for breach of contract for violating the Assignment clause.

To comprehend a real-world example regarding delegation, consider the following situation:

Situation involves Party X, a famous singer, contracting with Party Y, an event company, to perform at an event. In this case, Party X cannot delegate the performance to another singer, as the contract is based on the specific performance of Party X. This is an instance where the duties cannot be delegated, and if Party X attempts to do so, it will constitute a breach of contract .

An Assignment and Delegation clause plays a pivotal role in providing all parties with clarity about their legal positions. Any deviations or infringements on this clause can result in a breach of contract, regardless of whether it involves assignment or delegation.

Legal Effects of Assignment and Delegation

The legal effects of Assignment and Delegation are far-reaching in Contract Law and have a profound impact on the rights and obligations of all contracting parties. Comprehending these effects can shed light on the potential legal consequences linked with the transfer of contractual rights and duties.

Implications of Assignment and Delegation in Contract Law

Both Assignment and Delegation are powerful tools in Contract Law. They allow for flexibility and adaptability in contractual relationships but also have notable legal implications.

Legal Implications of Assignment: When a party assigns its contractual rights to a third party, it does not absolve the original party (assignor) of its obligations. For example, if there is a breach of contract, the injured party may still hold the assignor liable.

Legal Implications of Delegation: Delegation involves a party assigning its contractual duties to a third party. Though the obligations are delegated, the original party (delegator) remains liable for non-performance or any breach of contract. The delegator cannot, however, delegate personal tasks that mainly rely on the delegator's skills or reputation. Delegating such tasks could result in a breach of contract.

The legal implications encompass:

The legal standing of all parties involved

The right to enforce a contract

The potential exposure to legal liability

A detailed tabulation of the legal implications of Assignment and Delegation is given below:

The Assignment and Delegation clause needs meticulous crafting to circumvent unforeseen legal implications. Explicit stipulations on rights and duties transfer should be integrated to alleviate concerns of potential breaches.

Case Studies Illustrating the Legal Effects of Assignment and Delegation

Legal case studies can elucidate the complexities of Contract Law and provide context to theoretical principles. Two such examples, each illustrating distinct legal effects of Assignment and Delegation, are discussed below.

Case Study 1: The Assignor's Liability : A leaseholder assigns his lease to another party. The new leaseholder defaults on the lease. The property owner seeks the unpaid rent from the original leaseholder, asserting that an assignment does not absolve the original leaseholder from obligation. The court sides with the property owner, concluding that unless the assignment expressly releases the assignor of all duties, the assignor remains liable.

Case Study 2: The Delegator’s Responsibility : A construction company is contracted to build a residential complex. The company delegates part of its construction duty to a subcontractor. The subcontractor does shoddy work, resulting in damages . The client sues the construction company instead of the subcontractor, stating that delegation does not release the delegator from liability. The court agrees and reaffirms that the delegator remains liable for any breaches carried out by the delegate.

These case studies exemplify that, despite the transfer of rights or duties via Assignment and Delegation, the original parties may still bear legal liabilities in the event of contract breaches.

Assignment and Delegation - Key takeaways

• Assignment and Delegation are methods of involving a third party in a contract. Assignment transfers rights and benefits from one party to another while delegation transfers duties and responsibilities.
• Different types of assignments include Absolute Assignment, Conditional Assignment, and Voluntary Assignment , while Delegation can be General or Special .
• The Assignability of Contract Rights is generally free unless expressly prohibited by an agreement, law, or if the assignment poses significant risks to the duties of the other party involved.
• Delegation of Contract Duties can be performed unless a contract restricts it, the duties are personal in nature, or the delegation alters the performance expectations of the other party.
• Assignment and Delegation Clause is a stipulation in a contract affecting the transferability of contractual rights, benefits, duties, and obligations. It affects who can assume the role of the original party.
• Legal Implications of Assignment and Delegation: In Assignment, the original party (assignor) is still liable for obligations. In Delegation, the original party (delegator) remains liable for non-performance or breach of contract.

Flashcards in Assignment and Delegation 12

What is the definition of Assignment in contract law?

Assignment involves the transfer of rights under a contract from the assignor (original party) to the assignee. In simpler words, the assignor hands over the benefits of the contract to a third party.

What prominent types of Assignment are mentioned in Contract Law?

Absolute Assignment, Conditional Assignment, and Voluntary Assignment are prominent types of Assignment.

When can a contract duty not be delegated under Contract Law?

A contract duty cannot be delegated if there is a clause in the contract preventing this, the duties are personal in nature, or delegation would alter performance expectations of the other party.

What is the primary difference between an assignment and a delegation in contract law?

An assignment transfers the rights and benefits of a contract to another party, while a delegation transfers the duties and responsibilities of a contract to another party.

What are some examples of an assignment and a delegation in practice?

An assignment can occur in the sale of a business or a lease transfer, while a delegation might involve a subcontracting arrangement or a task in a construction project being transferred.

Why are assignment and delegation concepts important in business contracts?

They provide flexibility in relationships with suppliers, vendors, and customers, allowing for smoother operational adjustments when needed. They also impact the contract's effectiveness and protect the parties' interests.

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Assignment of Contracts: Understanding the Transfer of Contractual Rights and Obligations

Contracts are a fundamental part of any business transaction, serving as a legal agreement between parties that outlines their rights and obligations. However, circumstances often arise where one party wishes to transfer their rights and obligations to another party. This process is known as the assignment of contracts, and it plays a crucial role in the world of contract law.

Understanding how assignment of contracts works is essential for both businesses and individuals to navigate complex legal matters successfully. In this article, we will delve into the intricacies of contract assignment, discussing the process, legal requirements, and its implications.

What is Assignment of Contracts?

The assignment of contracts refers to the transfer of contractual rights and obligations from one party (the assignor) to another party (the assignee). Essentially, the assignor transfers their rights and obligations under the contract to the assignee, allowing the latter to step into their shoes and assume the benefits and burdens of the contract.

It is crucial to note that assignment transfers only the rights and benefits under the contract, not the underlying obligations. The assignor remains liable for the performance of the contract unless the parties agree otherwise.

The assignment of contracts can take place in various scenarios. For instance, a business may choose to assign a contract to another entity when it is acquired or restructured. Alternatively, an individual may assign their contractual rights to someone else if they are unable to fulfill their obligations due to personal reasons.

How Does the Assignment Process Work?

The assignment process typically involves several steps, which may vary depending on the jurisdiction and the terms of the contract. While the specifics may differ, the following general framework is often followed:

• Review the Contract: The assignor must carefully review the contract to ensure that it allows for assignment. Some contracts include anti-assignment clauses, giving the other party the right to refuse the transfer. It is essential to identify any restrictions on assignment before proceeding.
• Obtain Consent: If the contract permits assignment, the assignor must seek the consent of the other party involved. Without consent, the assignment may be deemed invalid or result in a breach of contract. Obtaining written consent ensures clarity and eliminates potential disputes.
• Draft an Assignment Agreement: An assignment agreement is a legal document that outlines the transfer of rights and obligations from the assignor to the assignee. This document should clearly state the parties involved, the specific rights being assigned, and any conditions or limitations surrounding the assignment.
• Execute the Assignment Agreement: Once the assignment agreement is drafted, both parties should review and sign the document. This step formalizes the transfer of contractual rights and obligations and solidifies the relationship between the assignor and the assignee. It is crucial to retain a copy of the signed agreement for future reference.
• Notify Relevant Parties: To ensure a smooth transition, it is essential to notify all relevant parties affected by the assignment. This may include other parties to the contract, suppliers, customers, and any regulatory bodies that need to be aware of the change in contractual obligations.

By following these general steps, parties can navigate the assignment process efficiently, minimizing potential legal pitfalls and ensuring a seamless transition of contractual rights and obligations.

Legal Considerations and Requirements

While the process outlined above provides a general framework for contract assignment, it is essential to consider the legal requirements specific to your jurisdiction and the terms of the contract. Some key legal considerations include:

• Anti-Assignment Clauses: As mentioned earlier, some contracts include anti-assignment clauses that restrict or prohibit the transfer of contractual rights and obligations. It is crucial to identify and comply with these clauses to avoid any potential legal consequences.
• Consent: In most cases, consent from the other party is required for a valid assignment. Without consent, the assignment may be deemed ineffective or result in a breach of contract. Seeking written consent ensures clarity and serves as evidence of the parties’ intentions.
• Notice: Providing notice to relevant parties is a crucial legal requirement to ensure transparency and avoid any disputes. Failure to provide adequate notice may result in claims of breach or non-performance by the assignee.
• Novation: In some situations, instead of assigning a contract, the parties may opt for novation. Novation involves the substitution of one party to the contract with a new party, effectively releasing the original party from all rights and obligations. Novation requires the agreement of all parties involved.

Understanding and complying with these legal considerations and requirements is vital to execute a valid and enforceable assignment of contracts.

Implications of Contract Assignment

The assignment of contracts carries several implications for all parties involved. Some key implications include:

• Liability: As mentioned earlier, the assignor remains liable for the performance of the contract, unless the parties agree otherwise or novation occurs.
• Consent Requirements: Assignment often requires the consent of the other party, which may involve negotiations and potential modifications to the contract terms.
• Termination: Assigning a contract does not automatically terminate the original contract. The assignor may still be bound by any other obligations under the contract, such as confidentiality provisions or non-compete clauses.
• Third-Party Rights: Assigning a contract may impact the rights of third parties. For instance, if the assignee fails to fulfill their obligations, the other party may have certain remedies available against both the assignee and the assignor.

Given the potential implications, it is essential to carefully consider the goals and consequences of contract assignment before proceeding. Seeking legal advice from a qualified solicitor can help navigate these complexities and ensure compliance with all legal requirements.

The assignment of contracts is a crucial tool for businesses and individuals to transfer their contractual rights and obligations. Understanding the process, legal requirements, and implications associated with contract assignment is vital to navigate complex legal matters successfully.

If you have questions or require legal advice regarding the assignment of contracts or any other contract law matter, our team of experts at SQE Contract Law is here to help. Contact us today to schedule a consultation!

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Assignment of contract

How it relates to the law in british columbia canada.

In British Columbia, an assignment of contract is a legal document that allows one party to transfer their rights and obligations under a contract to another party. This can be useful in situations where the original party is unable or unwilling to fulfill their obligations under the contract, or where they wish to transfer the benefits of the contract to another party. Under British Columbia law, an assignment of contract is generally valid and enforceable, provided that certain conditions are met. These conditions may include obtaining the consent of the other party to the contract, ensuring that the assignment does not violate any laws or regulations, and ensuring that the assignee is capable of fulfilling the obligations under the contract. In some cases, an assignment of contract may also be subject to specific legal requirements or restrictions, depending on the nature of the contract and the parties involved. For example, certain types of contracts may be subject to specific statutory requirements, such as the requirement for written consent or notice of assignment. Overall, an assignment of contract can be a useful tool for parties in British Columbia to transfer their rights and obligations under a contract, but it is important to ensure that all legal requirements are met in order to avoid any potential legal issues or disputes.

Impact on Business Owners in British Columbia

The impact of the assignment of contract on small businesses in British Columbia, Canada, is that it provides them with the ability to transfer their contractual rights and obligations to a third party. This can be useful for small businesses that are unable or unwilling to fulfill their obligations under a contract, or for those who wish to transfer the benefits of the contract to another party. However, small businesses must ensure that all legal requirements are met, such as obtaining the consent of the other party to the contract and ensuring that the assignee is capable of fulfilling the obligations under the contract, in order to avoid any potential legal issues or disputes.

Potential Legal Risks, Legal Challenges, or Legal Pitfalls for Businesses in British Columbia

As a small business owner in British Columbia, it is important to be aware of the potential legal risks and challenges associated with the assignment of contract. This refers to the transfer of rights and obligations under a contract from one party to another. One potential legal risk is that the assignment may be prohibited by the terms of the contract itself. It is important to carefully review the contract to ensure that there are no restrictions on assignment, or to obtain the consent of the other party to the assignment. Another potential legal challenge is that the assignment may not be valid if it is not properly executed. This could result in a breach of contract and potential legal action against the business. To avoid these issues, it is important to seek legal advice before entering into any contract that may be subject to assignment. This can help ensure that the contract is properly drafted and that any potential restrictions on assignment are identified and addressed. In addition, it is important to ensure that any assignment is properly executed and that all necessary steps are taken to transfer the rights and obligations under the contract to the new party. By being aware of these potential legal risks and challenges, small businesses in British Columbia can take steps to avoid or mitigate them and ensure that their contracts are properly assigned.

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The ultimate guide to crafting a contract assignment agreement in procurement.

In the world of procurement, a well-crafted contract assignment agreement is essential for ensuring that all parties involved understand their roles and responsibilities. Whether you’re an individual or a business owner, knowing how to create an effective contract assignment agreement can help protect your interests and prevent costly mistakes down the line. In this ultimate guide , we’ll dive deep into what exactly a contract assignment agreement is, who needs one, when to use it, how to craft it effectively, and much more! So grab your pen and paper – let’s get started!

What is a Contract Assignment Agreement?

A contract assignment agreement, also known as an assignment of contract or a contract transfer, is a legal document that outlines the transfer of rights and obligations from one party to another. This type of agreement is often used in procurement when parties need to assign their contractual rights and responsibilities to someone else .

In essence, a contract assignment agreement allows for the transfer of ownership between two parties involved in a transaction. It involves one party transferring their contractual rights and obligations to another party who will then assume responsibility for fulfilling these duties.

The purpose of this type of agreement is to ensure that all parties involved are aware of their respective roles and responsibilities under the original contract . By outlining these details clearly in the assignment agreement , it helps prevent any misunderstandings or disputes that may arise during the course of the transaction.

Contract assignments can be used in various industries such as real estate , finance, construction, and more. They are typically created when there’s a need for another person or entity to take over an existing obligation or right under an existing contract without having to renegotiate new terms with other parties involved.

Who Needs a Contract Assignment Agreement?

A Contract Assignment Agreement is a legal document that allows one party to transfer their rights and obligations under an existing contract to another party. This agreement can be useful in various industries, including procurement .

Any business or individual who wants to assign their contractual rights and obligations to someone else needs a Contract Assignment Agreement. For instance, if you are a contractor with multiple projects on hand, sometimes it becomes difficult for you to complete all of them within the given timeframe. In such situations, you may want to pass on your obligations and duties under one project contract onto another contractor using the Contract Assignment Agreement .

Furthermore, businesses that buy or sell assets may also require this agreement as part of their transaction process. For example, if a company sells its entire inventory list or product line-up along with any associated contracts then they will need this agreement so that the purchasing company can take over the existing contracts without affecting client relationships.

In addition, individuals who enter into partnership agreements may use this agreement when transferring ownership interests in certain aspects of their business activities.

Anyone looking to transfer contractual rights and obligations should consider using a Contract Assignment Agreement as it provides clear guidelines for assigning those responsibilities while protecting both parties from any potential liability issues down the road.

When to Use a Contract Assignment Agreement

A Contract Assignment Agreement is a legally binding document that allows one party to assign their rights and obligations under an existing contract to another party. But when should you use this type of agreement in procurement?

One scenario where a Contract Assignment Agreement could be useful is when there’s a change in ownership or management of the company. For example, if Company A merges with Company B, Company A can assign its contracts to Company B through a Contract Assignment Agreement .

Another situation where this agreement may come in handy is when there’s a need to transfer contractual duties due to unforeseen circumstances such as illness or death of the original contractor . In such cases, the contract assignment will ensure that the project continues without any disruptions.

Additionally, companies may decide to outsource some tasks within their contractual agreements due to resource constraints or lack of capacity. This is another instance where using a Contract Assignment Agreement makes sense as it allows for seamless transfers while ensuring continuity and quality delivery of services.

Businesses may want to sell off part or all their assets including contracts for various reasons like raising capital . Through this agreement, they can conveniently pass on those contracts along with other assets they’re selling.

In summary, understanding when and how to use a Contract Assignment Agreement can help protect your business interests and streamline operations during transitions or changes in ownership/management.

How to Craft a Contract Assignment Agreement

Crafting a contract assignment agreement is essential in procurement to ensure that all parties involved are on the same page. Here are some steps you can take to craft an effective contract assignment agreement.

1. Define the Parties Involved: Begin by identifying all the parties involved in the agreement, including their contact information and roles.

2. Outline Scope of Work: Clearly define what services or products will be provided under this agreement . Be specific about timelines, deliverables, and any other expectations.

3. Include Payment Terms: Specify payment terms such as how much and when payments should be made, along with any penalties for late payments.

4. Address Termination Clause: Establish a termination clause outlining circumstances under which either party may terminate the agreement early.

5. Determine Confidentiality Clauses: Determine confidentiality clauses to protect sensitive information shared between both parties during the course of work or collaboration

6. Identify Governing Law & Jurisdiction Rights : Indicate which governing laws apply to your agreements and specify jurisdiction rights in case of disputes

Test for Legality : Check if there are any legal constraints that might affect your ability to carry out parts of your contractual obligations

Remember that crafting an effective Contract Assignment Agreement takes time; it requires attention to detail and careful consideration of potential scenarios that may arise during its validity period .

What to Include in a Contract Assignment Agreement

When creating a Contract Assignment Agreement, it’s important to ensure that all the key details are included. This will help protect both parties involved and establish clear expectations for the project. Here are some essential elements to consider when drafting your agreement .

Firstly, it’s important to clearly identify both parties involved in the contract assignment. Include their full legal names, contact information and any relevant company or business details.

Next, outline the scope of work that is being assigned through this agreement . This should include specific tasks or deliverables required from the assignee, as well as any relevant deadlines or timelines.

It’s also crucial to clarify payment terms and conditions. Be sure to outline how much compensation will be provided for completed work and when payments are expected to occur.

Another key component of a Contract Assignment Agreement is confidentiality clauses or non-disclosure agreements (NDAs). These provisions help protect sensitive information and prevent unauthorized sharing of proprietary data between both parties.

Consider including language regarding dispute resolution in case conflicts arise during the duration of the project. Having this outlined ahead of time can help prevent costly litigation down the line .

By including these critical elements in your Contract Assignment Agreement, you can establish clear guidelines for all aspects of your procurement project while protecting yourself against potential risks and liabilities.

Alternatives to a Contract Assignment Agreement

While a contract assignment agreement is an effective way to transfer the rights and obligations of a contract, it’s not always the best option for every situation. There are other alternatives that might better suit your particular procurement needs .

One such alternative is novation, where one party transfers all their rights and obligations under the original contract to a new third party. This differs from assignment in that both parties must agree to the transfer and essentially create a brand new contract with the new party.

Another option is subcontracting, where one party contracts out some or all of their obligations under the original agreement to another third party. This can be useful when certain specialized tasks need to be completed by someone else but doesn’t involve transferring ownership or liability of the entire contract .

If you’re looking for something less formal than either assignment or subcontracting, consider using addendums or amendments to modify specific terms within your existing agreement without fundamentally altering its structure.

Ultimately, each alternative has its own advantages and disadvantages depending on your particular situation. Careful consideration should be given before deciding which route to take in procurement agreements .

Crafting a contract assignment agreement in procurement can seem daunting, but it is an essential tool for ensuring that all parties involved are on the same page. By defining roles and responsibilities clearly, you can minimize misunderstandings or disputes down the line.

Remember to tailor your contract assignment agreement to the specific needs of your project. Be sure to include clauses that cover contingencies and potential risks , so everyone understands their obligations in any scenario.

Ultimately, taking the time to create a thorough and well-crafted contract assignment agreement will save you time and money while providing peace of mind throughout your procurement process . So don’t hesitate – start drafting yours today!

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ASSIGNMENT OF CONTRACT

Assignment of contracts is the legal transfer of the obligations and benefits of a contract from one party, called the assignor, to another, called the assignee.3

What assignment of a Contract?

Assignment of contract is the legal transfer of the obligations and benefits of a contract from one party, called the assignor, to another, called the assignee. The assignor must properly notify the assignee so that he or she can take over the contractual rights and obligations. This can be done using a document called an assignment agreement, which allows you to protect your legal rights while transferring the contract.

An assignment agreement is appropriate for your needs if the following are true:

You want to transfer your contractual rights, responsibilities, and obligations to another individual or company. You or your business are taking over a contract from another person or business. The assignment agreement includes the names of the assignor and assignee, the name of the other party to the contract in question (known as the obligor), the contract’s title and expiration date, whether the obligor needs to consent to the transfer of the rights based on the original terms of the contract, when the obligor consented, when the assignment agreement takes effect, and what state will govern the transferred contract. The assignment agreement may also be called the contract assignment, assignment contract, or assignment of contract.

While assignment contracts are typically only used for amounts of less than $5,000, you can assign a higher profit contract when both the buyer and seller agree. You cannot assign a contract if the original contract prohibits doing so.

If you are assigning a contract, you may want to ask the obligor to sign a release or waiver agreement that releases you from contract liability. In addition to transferring rights and obligations, you can also use an assignment agreement to transfer an income stream to an assignee. However, when transferring rights to intellectual or personal property, it’s best to instead use a trademark assignment, bill of sale, or assignment of a trade name.

How Do Assignments Work?

The procedure for assigning a contract depends on the language of that contract. For example, some contracts may disallow assignment, while others may allow it only when the obligor consents. In some cases, the assignor is not relieved of contract liability. This occurs when the original contract has a clause that guarantees performance regardless of assignment.

If you want to buy a contract, look for sellers in newspaper ads, online marketing, and direct mail. In most cases, it makes the most sense to use multiple strategies. For real estate contracts, make sure you conduct a title search on the property in question to make sure there are no liens. You can hire a title company or real estate attorney to ensure that a title is clean before signing an assignment contract.

After you sign the assignment contract, you have an interest in the property and can sell it to an end buyer. Market the property through a dedicated website. Once you find a potential buyer, require an earnest money deposit. This is nonrefundable and allows you to make a profit whether or not the deal is successfully completed. If the deal is completed, the end buyer wires funds to cover the sale price of the property along with your stated fee.

In some cases, you can make a profit just by referring a buyer to an appropriate property and taking a finder’s fee. With this strategy, you assign your rights to the buyer, allowing them to close on the property, after which you receive your fee. This is a low-risk endeavor if you have detailed information on exactly what each buyer is looking for. You’ll also need to have the resources to locate great properties before they hit the market. With those two components, you’ll be able to make money as a real estate investors without risking your own capital.

You can also close on the property yourself and immediately flip it to another investor.

When Are Assignments Not Enforced?

An assignment agreement is not enforced if the original contract contains a clause that prohibits assignment. If performance is affected, value is decreased, or risk is increased for the obligor, few courts will enforce the assignment. These circumstances are referred to as a material alteration in the contract.

Contract assignments are also prohibited by some state laws. In many states, an employee is prohibited from assigning future wages. Certain claims against the federal government are also prohibited from an assignment. Some assignments violate public policy rather than law, such as the assignment of a personal injury claim. This is not allowed because it could encourage litigation.

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What Is an Assignment of Contract? [How It Works In Real Estate]

What Is an Assignment of Contract?

One intriguing strategy in real estate investing that often stirs interest among newbie investors is the assignment of contracts. This approach, which allows an investor to pass the contractual rights and obligations of a property purchase contract to another buyer, is seen to provide highly profitable opportunities.  

If you are an investor who wants to try this technique to achieve financial freedom, this blog is for you! Here, we'll delve into the nitty-gritty of contract assignment, explaining its mechanism, benefits, potential pitfalls, and the crucial steps involved. We hope that after reading this blog, you can navigate the real estate market with confidence!

What Is an Assignment of a Contract in Real Estate?

In real estate wholesaling, an investor agrees to buy a personal property, often at a below-market price, then assigns the contract to a different buyer, often another investor, for a higher price. 

The difference between the contracted price and the price paid by the end buyer represents the wholesaler's profit, known as the assignment fee. 

For example, an investor might secure a contract to purchase a personal property for $100,000, then find an end buyer or new party willing to pay $120,000 for the same property. By assigning the contract to the end buyer, the investor earns a $20,000 assignment fee. 

However, it's crucial to note that not all real estate contracts can be freely assigned. Some contracts may include a "no assignment" clause that prevents the transfer of the contract to another party. 

Thus, an investor needs to ensure that assigning contractual rights is allowed before proceeding with this strategy. If an assignment clause is not present in the contract, the investor may need to negotiate with the original party or owner to include in the contract rights it or find an alternate method to transfer the property to a new party.

In essence, an assignment contract is a way for real estate investors to connect sellers and buyers, while generating a profit from the transaction without needing to purchase, own, or manage the property themselves. It's a strategy that requires careful planning, thorough due diligence, and an understanding of real estate laws and market conditions.

Assignment Contract vs. Double Closing

Both assignment contracts and double closings are strategies used in real estate investing, particularly wholesaling, but they function differently.

As previously discussed, an assignment of contract involves the wholesaler (assignor) transferring their contractual rights in a property purchase agreement to another party (assignee), typically another investor. 

The wholesaler never actually purchases the property . Instead, they sell their contract to buy the property. The assignee pays an assignment fee to the wholesaler, then proceeds to close the deal with the original seller. In this arrangement, the end buyer is aware of the wholesaler's profit.

Meanwhile, double closing , also known as a "simultaneous close," involves the wholesaler actually purchasing the property before quickly reselling it to the end buyer. This is perhaps the main difference between the two.

Essentially, there are two separate transactions: one where the wholesaler buys from the original seller and another where the wholesaler sells to the end buyer. 

Both transactions of the contract occurs back-to-back, even on the same day. The wholesaler uses the funds from the end buyer to pay the original seller and keeps the difference as profit. This approach allows the wholesaler's profit to remain hidden from all parties.

Is an Assignment Contract Considered Legal?

Yes, an assignment contract is generally considered legal in real estate transactions. It is a common practice, especially in real estate investing and wholesaling.

However, the legality can depend on several factors, including the terms of the original contract and the laws in a particular area.

Some contracts may disallow assignment through a clause that "prohibits the assignment of the contract without the consent of the other party." In such cases, assignment of the written contract without consent would violate public policy and could potentially lead to legal repercussions. This may also encourage litigation.

Additionally, while an assignment contract is generally legal, some states in the U.S. have specific rules and regulations about how real estate contract assignments and wholesaling, more generally, should be conducted. 

Some require specific disclosures to be given to the other party to the contract or have particular rules about how the transaction can be advertised. Some do not also allow material alteration, In some jurisdictions, regular wholesaling activity might require a real estate license, contract expiration date for commercial contracts, etc.

Pros and Cons of Assignment of Contract in Real Estate

The assignment of contracts in real estate comes with its own set of advantages and disadvantages, which investors need to consider carefully before entering any deal.

To help you decide if this real estate investing strategy is indeed for you, read the following pros and cons.

Pros of Assignment of Contract

• Less Capital Required: Because the wholesaler is simply assigning the contract and not actually purchasing the property, less capital is required compared to traditional real estate transactions.
• Profit Potential: Assigning a contract can be profitable, especially when properties are secured under market value and the seller and buyer guarantees performance. The difference between the contract agreement price from the assignee and the purchase price the end buyer pays can result in significant earnings.
• Faster Transactions: Assignments often lead to faster transactions as the assignor is not taking possession of the property. They don't have to do heavy obligations such as a title search, contact a company to make repairs, etc. Once a suitable assignee is found, the existing contract can be assigned and the transaction completed.

Cons of Assignment of Contract

• Dependent on Buyers: Wholesalers are reliant on finding end buyers and getting a closing date. If an assignee can't be found in time, the wholesaler may be forced to back out of the deal or risk legal consequences.
• Limited Control: The wholesaler doesn't own the property and therefore has limited control over it. They can't make improvements or changes to increase its value since it isn't part of their obligations.
• Transparency of Profit: In an assignment, the assignee can see how much profit the assignor is making, which could potentially lead to negotiations or dissatisfaction in the obligations. But, of course, the assignor warrants that the fee is fair.
• Legal Considerations: You cannot assign rights to all types of contracts, and the federal government law may have specific regulations around how assignments work. Wholesalers must be aware of the legal landscape to ensure they conduct business following the law and that the two parties they will involve know the legal term of transfer.

Steps in Contract Assignment in Real Estate

Contract assignment in real estate can be a profitable strategy when done correctly. Each step in this process requires careful attention to detail and due diligence so as not to break the law. It is ideal to consult with a real estate attorney or other professionals before doing any transfer of property.

Nevertheless, here are the steps typically involved in a contract assignment in real estate.

Step 1. Find the Right Investment Property

The first step in contract assignment is identifying a suitable investment property. You need to find a property that can be purchased under market value and resold at a profit. 

This could be a distressed property, a foreclosed property, or simply a property that a seller needs to unload quickly. Market research and property analysis are critical at this stage.

Step 2. Prepare the Real Estate Contract 

Once a property has been identified, you need to prepare a real estate purchase agreement. This is the contract agreement that you will eventually assign to another buyer. It's crucial that this original contract either expressly allows for assignment or at least does not prohibit it.

If you are using a template from others or it has a trade name, make sure you are not going against the intellectual property law. There are already certain claims in the past about this, so be cautious.

Step 3. Submit the Contract

After preparing the original contract, it needs to be submitted to the seller. The seller may accept the contract as is, reject it outright, or propose changes. If changes are proposed, negotiations will take place until an agreement is reached. 

Step 4. Find an End Buyer Who Will Accept the Contractual Obligations

With an accepted contract in hand, you can now seek an end buyer to whom the contract will be assigned.

This could be another investor or a traditional homebuyer. Marketing the original contract can involve networking, advertising on real estate platforms, or working with a real estate agent.

Step 5. Assign the Contract to an End Buyer

After identifying an end buyer, you will assign or transfer the existing contract agreement to them (this may be an individual or a real estate company).

This involves an assignment agreement, which transfers your contractual rights and obligations under the original purchase contract agreement to one party or the end buyer (real estate company or investor).

The assignment agreement should clearly outline the original terms of the assignment, including the assignment fee that you, as the assignor, will receive.

Step 6. Collect the Fee

After the assignment agreement has been signed and transferred on the closing date, you can collect the assignment fee from one party. This is your profit from the assignment contract transaction.

The closing process then proceeds between the original seller and the end buyer, without any further involvement on your part. The property ownership will be transferred to the end buyer and you would no longer have any responsibilities or duties with them.

Final Thoughts: What are Assignment Contracts? [How Does Assignment of Contract Work in Real Estate]

Whether you're a seasoned real estate wholesaler or just starting, it's clear that understanding assignment contracts and how they function within the real estate sector can open doors to new opportunities and potentially profitable ventures. 

With the right approach, a keen understanding of the property market, negotiation skills, thorough due diligence, and creativity, these contracts can be your main income stream.

If you want to find leads on properties that you can assign to another buyer, reach out to us at Property Leads . We offer highly motivated seller leads in your target area for a very reasonable price. We guarantee a high conversion rate since we generate our leads through SEO.

Fill out our form below to start finding the best contract reassignment deals!

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How to assign rights under a contract

Published by a lexisnexis commercial expert.

This Practice Note is a ‘how to’ guide on assigning rights under commercial contracts which signposts relevant content. It includes a summary of what assignment is, how it is distinct from novation, whether assignment is appropriate, the requirements for a valid assignment, other legal considerations, and practical points when assigning rights under a contract.

It is not technically possible to assign a contract as, generally, the burden or obligations under a contract cannot be assigned. It is possible, however, to assign the benefit or rights under a contract to a third party.

For further detailed guidance on when you might want to assign rights under a contract and what you should consider, see Practice Notes: Assigning contracts—common scenarios and considerations, What constitutes a valid assignment of a contract? and Drafting and negotiating an assignment—checklist.

What is an assignment?

An assignment is an immediate transfer of an existing proprietary right, vested or contingent, from one party to another. The assignment of a contractual right does not create privity of contract between the assignee and the original promisor.

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Related legal acts:

• Law of Property (Miscellaneous Provisions) Act 1994 (1994 c 36)
• Law of Property Act 1925 (1925 c 20)

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Home » Others » Business Law » What is Assignment of Contract | Rules AND Examples

What is Assignment of Contract | Rules AND Examples

What is Assignment of contracts? Assignment of contracts means to transfer of the contractual rights and liabilities to a third party with or without the consent of the other party to the contract.

The person who makes an assignment of contracts (transfers right obligations) is called assignor and the person to whom a contract is assigned is called assignee.

The contract Act of Pakistan is silent about the rules with regard to the assignment of contracts but the courts have applied the rules as follows:

Table of Contents

Assignment of Contract Examples and Rules

Contracts require personal skills.

All the contracts the performance of which depends on the’ Personal skills and qualification of the cannot be assigned to other because it is not necessary that the person to whom Such contract is assigned has the same Skill and qualification.

See Also: What is Performance of Contract

Illustration

A partner enters into an agreement to paint a picture for B. Now A cannot legally be assigned this work to any other person.

Consent of Promisee

The promisor cannot transfer his liabilities to the third party without the consent of the promisee.

When the promisee allows the assignment of the liabilities to the third party, it is called novation of the contract. It means that old contract has been substituted with a new one.

A has to pay $1000 under a contract to B, A cannot transfer his liability to C unless B agrees to collect this amount from C.

If B agrees to collect this amount from C now the contractual liability stands transferred from A to C.

Assignment by the Promisee

The person for whom a contract is to be performed can assign his rights to the third party unless the contract is of personal nature or such assignment has been banned by an agreement.

Under such assignment, the assignee can demand the performance of the contract just like an actual promisee.

It is equal either the promisor performs the contract for the actual promisee or for such assignee. The assignee has all the rights and obligations (all equities) as the assignor has.

It means that the promisor (debtor) may plead against the assignee all defenses that he could have pleaded against the assignor.

See Also: What is Quasi Contract

Illustration:

A’s consent to pay $1000 to B has been obtained by the fraud of B. B assigns his rights to receive $1000 to C by receiving value.

A is entitled to resind the contract inequality even though C is an innocent bonafide assignee.

Assignment of an Actionable Claim

An actionable claim means a debt or beneficial interest a movable property which is not in the possession of the claimant and upon which legal action can be taken by the claimant.

The actionable claim can be assigned to the third party but such assignment must be made by an instrument in writing. There is no need to give notice of such assignment to the debtor.

A has sold his car to B and has taken a Promissory Note for the payment after three months. A can assign (transfer) this promissory note to C for the recovery of an amount at a due date.

If B refuses to make payment, C can take legal action against B with his own name for the recovery of money.

Assignment by Operation of Law

Assignment by operation of law takes place in cases of death and insolvency. Upon the death of a party, all the contractual rights and duties of the deceased party are legally transferred to his legal representatives unless contract depends on the personal qualifications and skills of the deceased party.

See Also: What is Contingent Contract

In case of insolvency, all rights and liabilities of the insolvent pass to the official assignee or receiver, as the case may be.

A sold 1000 unit of his product to B for $10 each. It was further agreed that A would deliver goods after one month on advance payment in the meanwhile, A died and C the son of A takes possession of the business of A.

Now all the rights and duties of A would be legally assigned to C and C is legally bound to perform the contract.

A, a businessman becomes insolvent and B is appointed as liquidator by a court of law for the sale of A’s property to pay a ratable dividend to all his creditors. Now all the rights and duties of A will be legally assigned to B.

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Assignment of Contract Agreement Template

• Contract Template

An Assignment of Contract Agreement Template is used when one party wants to transfer their rights and obligations under a contract to another party. This template helps to formalize the agreement and ensure all parties are aware of the transfer.

The assignment of contract agreement template is typically filed by the party who is assigning their rights or obligations under the contract to someone else.

Q: What is an Assignment of Contract Agreement? A: An Assignment of Contract Agreement is a legal document that allows one party to transfer their rights and obligations under a contract to another party.

Q: Why would someone use an Assignment of Contract Agreement? A: Someone would use an Assignment of Contract Agreement when they want to transfer their rights and responsibilities under a contract to another person or entity.

Q: What are the key elements of an Assignment of Contract Agreement? A: The key elements of an Assignment of Contract Agreement include the names and contact information of the parties involved , details of the original contract being assigned, the effective date of the assignment, and any conditions or restrictions placed on the assignment.

Q: Is an Assignment of Contract Agreement legally binding? A: Yes, an Assignment of Contract Agreement is legally binding as long as it meets certain legal requirements , such as the agreement being in writing and signed by all parties involved.

Q: What happens after an Assignment of Contract Agreement is signed? A: After an Assignment of Contract Agreement is signed, the rights and responsibilities under the original contract are transferred to the new party. The original party is usually released from any further obligations under the contract.

Q: Can any contract be assigned? A: Not all contracts can be assigned. Some contracts may have specific clauses that prohibit or restrict assignment. It is important to review the original contract to determine if assignment is allowed.

Q: Do I need a lawyer to draft an Assignment of Contract Agreement? A: While it is not required to have a lawyer draft an Assignment of Contract Agreement, it is recommended to consult with a lawyer to ensure the agreement is valid and enforceable.

Q: Can an Assignment of Contract Agreement be revoked or canceled? A: An Assignment of Contract Agreement can be revoked or canceled if all parties involved agree to do so. It is important to refer to the terms of the agreement or seek legal advice to understand the process.

Q: What if one party breaches the Assignment of Contract Agreement? A: If one party breaches the Assignment of Contract Agreement, the non-breaching party may have legal remedies available, such as seeking damages or specific performance through a court process .

Q: Is an Assignment of Contract Agreement the same as a Novation Agreement? A: No, an Assignment of Contract Agreement is different from a Novation Agreement. While both involve the transfer of contract rights and obligations, a novation agreement also transfers the original party's position as a whole, whereas an assignment agreement transfers only rights and obligations.

Download Assignment of Contract Agreement Template

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• EXPLORE Random Article

How to Draft an Assignment of Contract

Last Updated: January 23, 2022

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 5,364 times.

A contract is an agreement between at least two parties—A and B. However, one party might want to transfer the contract to someone else. For example, B might want to assign its rights and obligations to C. Sometimes, a contract prohibits assignment, in which case B can’t assign the contract to anyone. In other contracts, the other party to the original contract (here Party A) must also agree to the assignment from B to C. If the contract allows assignment, then an assignment can take place once a proper assignment agreement has been created.

Starting the Assignment Agreement

• If you are printing the agreement on letterhead, make sure to leave enough room at the top.

• Sample language could read, “This Assignment (‘Assignment’), dated as of [insert date] (‘Effective Date’), is made between [insert your name] (‘Assignor’) and [insert the name of the assignee] (‘Assignee’).” [1] X Research source

• Sample recitals could read, “Whereas, Assignor entered into the following Contract with [the name of the party you contracted with, called the ‘obligor’] on [insert date of the contract] (‘Contract’); and whereas Assignor wishes to assign all of its rights and obligations under the Contract to Assignee. Now, therefore, Assignor and Assignee agree as follows.”

Granting the Assignment

• A sample grant could read: “Assignor and Assignee hereby agree that the Assignor shall assign all its title, right, and interest, and delegate all its obligations, responsibilities, and duties, in and to the Contract to Assignee.”

• “Assignee hereby accepts the assignment of all of Assignor’s obligations, responsibilities, and duties under the Contract and all of Assignor’s right, title, and interest in and to the Contract.”

• A sample modification provision could read: “This Agreement may only be modified if the modification is made in writing and executed by both Assignor and Assignee. No verbal agreement is allowed.”

• The assignor could agree to indemnify the obligor: “Assignor agrees to defend and indemnify [insert name of the obligor] from any and all claims, judgments, actions, proceedings, liabilities, and costs, including reasonable attorneys’ fees and other costs of defense and damages, resulting from Assignor’s performance prior to the assignment of the Contract and resulting from Assignee’s performance after the assignment of the Contract. However, after the assignment of the Contract, [insert name of the obligor] shall first look to Assignee to satisfy all claims, actions, judgments, proceedings, liabilities, and costs, including reasonable attorneys’ fees and other costs of defense and damages resulting from Assignee’s performance.”
• The assignee should also agree to indemnify the obligor: “Assignee agrees to indemnify the [insert name of obligor] from any and all claims, judgments, actions, proceedings, liabilities, and costs, including reasonable attorneys’ fees and other costs of defense and damages, resulting from Assignee’s performance after the assignment of the Contract.”

Finalizing the Agreement

• You could write, “This Assignment shall be construed and interpreted, and the rights of the parties determined by, the laws of the State of Maine (without regard to the conflicts of law principles thereof or any other jurisdiction).” [2] X Research source

• A sample clause could read, “If any part of this Agreement is declared invalid or unenforceable, the remainder of the Agreement shall continue to be valid and enforceable.” [3] X Research source

• Just above the signature line, insert: “In witness whereof, the parties have caused this Assignment to be duly executed as of the date first written above.” [4] X Research source

• If you don’t have an attorney, then you should contact your local or state bar association and ask for a referral.
• When scheduling the consultation, ask how much the attorney charges.

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• ↑ http://contracts.onecle.com/annies/baking-assignment-2014-03-20.shtml
• ↑ http://www.contractstandards.com/clauses/severability

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Nick, & Cindy Davis

Assignable Contracts

July 9, 2019 by Nick & Cindy Davis

The Florida Realtors/Florida Bar AS IS contract has a provision (Section 7) that permits a contract to be assignable. What you should know if this is filled out – and what does this mean for the transaction?

Assignable Contracts – What you want to understand about them

Here is a scenario.

Seller just received a contract offer from a buyer who used a Florida Realtors/Florida Bar “AS IS” Residential Contract for Sale and Purchase, and they observed that the buyer’s offer included a provision in Section 7, Assignability, that would enable the buyer to assign the contract.

Examples of the ramifications if you accept this assignable contract?

The main thing that changes in an assignable contract will be the person or entity that signed the contract (Buyer 1) most likely is not the same person or entity that will actually close on the property (Buyer 2). An assignment is simply a option for a party to a contract to hand legal rights and obligations off to another individual.

How exactly does an assignment happen? This is generally done by having the assignor and assignee sign a legal document called an assignment. In this situation, the assignor is going to be Buyer 1, whose name is on the contract. The assignee will probably be Buyer 2, who accepts the assignment and steps into the shoes of Buyer 1. As soon as the assignment is fully executed, Buyer 1 gives the contractual rights and obligations to Buyer 2, who receives and assumes those rights and obligations.

Florida Realtors does not provide an assignment-of-sales contract form, so one of the buyers is going to be responsible to draft, or hire a lawyer to draft, the assignment.

Why might a buyer want to negotiate an assignable contract? One reason is just that Buyer 1 intends to form a corporation, LLC or trust to take title at closing. In this scenario, Buyer 1 usually just requires a little time after the property is under contract to get the legal paperwork in order. This particular assignable contract generally on the lower risk side of the spectrum, although it’s always up to seller what terms they’re prepared to accept.

Other buyers might prefer an assignable contract since they want to assign their interest in the contract to another buyer they have not yet identified. This assignment of contractual interest is also known as a flip, and it may be a situation where Buyer 1 hopes to collect money from Buyer 2 to execute the assignment. Unlike the previous scenario, a seller has no idea what the personality and business practices of the unknown Buyer 2 are going to be, so as a seller you should be ready for a new person to enter the transaction.

When the parties opt to make the contract assignable, Section 7 of the contract provides two options:

The first option provides that Buyer 1 “may assign and thereby be released from any further liability under this Contract.” This clause is far more favorable for Buyer 1, because it contains a type of release, which is a means for Buyer 1 to remove some of their liability through the release language.

The second option provides that Buyer 1 “may assign but not be released from liability under this Contract.” This option is more favorable for the seller, and Buyer 1 should be more cautious about vetting Buyer 2 when using this clause.

Understand that this is a very general summary of this topic, therefore if buyers or sellers would like a thorough analysis of risks and benefits associated with making a contract assignable, they should consult a lawyer. The lawyer may suggest additional tools, such as carefully tailored assignment clause that has more protection for a party than is available in the very brief options in the form contract.

Have a questions or concern? Nick, Cindy & Nicholas Davis with RE/MAX Premier Group are here to assist you with all your Real Estate Needs. We are always available at 813-300-7116 to answer your questions or you can simply  click here and we will be in touch with you shortly.

Need to get started with your mortgage process? You can contact Kyle Edwards with Iberia Bank at 813-495-5131, or simply click here to start your online application.

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Blue Jays Designate Cavan Biggio For Assignment

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By Darragh McDonald | June 7, 2024 at 11:59pm CDT

The Blue Jays announced that they have recalled infielder Spencer Horwitz , with infielder/outfielder Cavan Biggio designated for assignment in a corresponding move. Their 40-man roster count drops to 39. Shi Davidi of Sportsnet relayed on X earlier that Horwitz was joining the club.

Biggio, 29, has been in a multi-positional role for the Jays for a while. He showed a keen eye at the plate when he first arrived in the big leagues but it seems that pitchers realized he wasn’t likely to do much damage if they threw him more strikes. He drew a walk in 16.5% of his plate appearances in his rookie season in 2019 but that number has dropped year over year. It was 15.5% in 2020 and then went to 12.6%, 12.5% and 11.8% in the years after that.

Here in 2024, Biggio has only walked at a 10.7% clip. That is still above league average, which is 8.3% so far this season, but a huge drop from where he started. Strikeouts have also become a growing problem for him over the years. In 2021, he was punched out at a roughly league average rate of 23% but that ticked up into the high 20s in subsequent campaigns and is currently at a 32.1% clip here this year.

Thanks to his on-base abilities, Biggio was able to hit .240/.368/.430 over the 2019 and 2020 seasons. He hit 16 home runs in the first of those seasons but that is now considered by many to be a “juiced ball” season where home runs reached unprecedented levels. That production still translated to a wRC+ of 118 but he’s hit just .219/.327/.351 since then for a 94 wRC+, which includes a line of .200/.323/.291 and 88 wRC+ here in 2024.

Defensively, Biggio has never received especially strong grades anywhere on the diamond but has at least provided the Jays with plenty of versatility. That includes one inning at shortstop but plenty of time at the other three infield positions and in the outfield as well.

As Biggio’s results have declined over the years, other players have slid into his multi-positional role. Davis Schneider is splitting his time between second base and left field and has hit .254/.364/.505 since his call-up last year for a 145 wRC+. The Jays signed Isiah Kiner-Falefa in the offseason and he is hitting around league average with strong defense at various infield positions. Ernie Clement isn’t hitting much but gets stronger grades for his glovework than Biggio.

On top of those three, there’s also the aforementioned Horwitz. He has been hitting very well in Triple-A this year, walking in 17% of his plate appearances and producing a line of .335/.456/.514 for a 157 wRC+. He has primarily played first base but the Jays recently started getting him some work at second base in order to help him coexist with Vladimir Guerrero Jr. , who plays first most days. The Jays have also experimented with Guerrero playing some third base of late but also have Justin Turner and Daniel Vogelbach in the first base/designated hitter rotation.

Amid all of that, it seems Biggio has been nudged off the roster for being sort of in between. He doesn’t have as much offensive potential as guys like Schneider, Turner, Vogelbach and perhaps Horwitz, while Kiner-Falefa and Clement are stronger defenders. The Jays also couldn’t send Biggio down to the minors as he now has more than five years of service time.

That has nudged Biggio off the 40-man roster and the Jays will now have one week to trade him or pass him through waivers. Since he has passed the five-year service time marker, he has the right to reject an outright assignment and elect free agency while also retaining all of his salary. He is making $4.21MM this year, with about $2.78MM left to be paid out. If anyone were to claim him, they would have to take on that salary but would also have the ability to retain Biggio via arbitration for next year.

178 Comments

Was not expecting that

After all that time on one team, he may actually be a prime change of scenery guy.

He would seem to be an ideal pick up candidate for the Wsox.

I think most AAA squads might be more exciting than the White Sox.

He is essentially assured playing time with the Sox, with them trading away anything not nailed down, and if he bounces back in a meaningful way, he WILL be traded.

White Sox current long term plan is equivalent to the Putting on Clown Makeup meme. Cannot wait for Getz to be fired in a decade.

That play last night, where they committed an error on an appeal throw and the runner scored, literally happened in my son’s little league game last week. But hey, Sox won at least…

He has no ability to be kept long term. Not exactly what a rebuilding team wants. Also, $4MM for a utility player is a bit much for a rebuilding team. After arbitration, it will be more.

His .323 OBP is higher than pretty much every White Sox starter other than Sheets.

He’d be an upgrade.

4 words I never though would be sequenced in the order of “Biggio is an upgrade”. Live and learn.

Upgrading the White Sox infield is a low bar that management somehow often fails to clear.

Why would he want to go there in FA?

21 hours ago

.323 OBP doesn’t really appeal to me when literally nothing else is even decent. He’s not good defensively, can’t run, has no power…

And the rebuild begins. There is some good young talent in Jays organisation.

Biggio DFA’d is your sign the white flag has been waved?

The white flag was raised when their big offseason acquisition was IKF

IKF is gonna be a 2 – 2.5 FWAR player That move as much fans hate it will be a good one The awful move was bringing back KK instead of moving varsho to CF full time to maximize his value and getting a bat for LF

Both things are true. IKF has been a great pickup, especially considering the alternatives. I thought Tim Anderson or Amed Rosario were the way to go and both have been mediocre at best to this point. But if IKF is your teams best move, something probably isn’t going right.

Next stop Cooperstown… driving a tour bus that is. “Exact change only please!” Ahahaha!

Can’t really look at moves in isolation. Kk was good for bang buck last year but pushed Varsho to a corner position.

IKF didn’t address the team needs then and still doesn’t now.

Actually that Cooperstown stop will be to show his kid Grandpa Biggio’s HOF bust.

IKF has 1.9 WAR, second-best on the team.

Cavan’s pic at Baseball Reference was a surprise. Adopted??!

Terry doesn’t that prove the point? Varsho is first in WAR, and no good team would ever want to call Varsho the best player on the team, and IKF second.

More reason to blow it up.

I always liked biggio and thought he really just needed everyday ABs at the same position, the kid has on nase skills power amd a LHH. I think there was another player on the roster that should have went before him, namely Voggy and to a lesser extent clement

Hardly. This is an attempt to improve the team now, with the hope that Horwitz can add something offensively. Biggio didn’t offer anything offensively.

And since they’re only three games out of a wild card spot, playing three against Oakland this weekend, and Vladdy and Bichette are hitting better these days, they have plenty of reason to get better for this season—rather than looking to the future.

>Biggio didn’t offer anything offensively.

Biggio: 80 OPS+ Springer: 77 OPS+ Vogelbach: 76 OPS+

@terrymesmer

Another poor attempt at a strawman terry. At best it’s “what-about-ism0”. Posting his 80 OPS+ is the only relevant thing here.

Terry is the Queen of poor justification.

He must’ve mixed up the Biggios.

I agree they should start the rebuild. But Biggio should of been traded or DFA’D a long time ago. Either coaching or his ability has let him down. It’s sad bcuz he had so much talent. Maybe a move else where gets him on track

If the talent is as good as you say they would have (probably should have) traded them for MLB players to save payroll and compete, rather than holding young talent when you’re supposed to contend.

The rebuild begins when the jays make some trades

If they were rebuilding they would have kept him up to see if he could turn it around and provide some trade value. This move looks like they’re just trying to field the best team possible for a playoff push.

Playoff push- hahaha. This is a Canadian (Canadistan) baseball team, they’re going nowhere. There shouldn’t even be a MLB team in that dependent pseudo-51st state.

What a completely stupid take on Canada.

Poorly coded AI, was supposed to slur the country as socialist but accidentally compared it to theocracy.

Best country in the world.

Spoken like a true American idiot with zero worldview outside of your own state. State might be generous.

20 hours ago

lol rebuild because they dumped their 26th man

I thought the Blue Jays were the best team this year with the best rotation! You Jays fans change real fast

The speed of Jacoby Ellsbury combined with the hustle of Peter Rose. Their loss.

and hitting skills of Pete LeCock

Wow… nice one.. I’m sure you know his father was Peter Marshal ( Hollywood squares)

who, somehow, is still alive. By my math, Peter Marshall is now 168 years old.

Yes but not George Gobel… he passed at 147…

And was buried in a black suit with brown shoes.

One of the best lines ever on Carson. George Gobel, Dean Martin, Bob Hope and Johnny. I see what you did there.

And the OBP of Billy Hamilton. Get real.

Better overall baserunner than William Hamilton.

In Billy’s defense, dude could swipe a bag.

Hall of Famer.

I don’t know why, but I have a feeling Cavan will end up a Guardian.

Cavan to mariners to platoon with d-Moore as super utility guy?

Cavan’s strikeout numbers are up, so he’d fit in well with our other whiff machines on the squad. “Control the Zone”

Why? Where would the Guardians play him?

Idk why, but I have a feeling Cavan will end up slinging hash at greasy spoon called “Pops”. Ahahaha!

We already have too many light-hitting middle infielders and utility types. We’ll see your Cavan Biggio with one of our Gabriel Arias’

I’ll take Arias over Biggio… His arm is phenomenal

Haven’t we been to this movie before?

Like two years ago Biggio was tried to be shown the door

Maybe he isn’t a native speaker? Do you feel better now, David?

Perfectly fine English.

“Has this not occurred before? Like two years ago, they tried getting rid of Biggio.”

Not a fan of this move however, it looks as though the Jay’s are trying to get a little internal competition going by bringing Schneider’s other roomy up. Prior to the hiring of Donnie Baseball, the bats were never the issue. Not saying it’s because of him, just seems very coincidental. Although, there was a very healthy internal competition between Vladdy, Tao, and Lourdes back then.

When you don’t replace the bats of Teoscar, Lourdes and even Semien over a two year span, what do you expect?

Not a fan of giving up on a player with no impact or place on what’s supposed to be a contending team. Ok.

Should have been non-tendered last offseason

Anyone calling for Cavan to be non-tendered the last couple years have taken ridicule from the Jays fanbase that was not necessary. Although I thought Vogelbach might get dropped before Cavan, this is the right move.

All you have to do is look at his career stats. The most hits he ever had in a season was 2019 when he had 89. This guy got way more rope than anyone else would have gotten. If big moves are coming, this is a great first step.

Yep. But these Jays fans like that he walks. Crazy. Should have non-tendered after 2022 to save a little cash.

My ass is shaking. This doesn’t happen much.

I just sneezed and burped at the same time it felt weird

add in a fart for the hat trick

I’m a Mariners fan, but I’m not a fan of your posts.

I wouldn’t mind the Rangers taking a flyer on him.

This is a sad day for me. I’ve pulled so hard for Cavan over the years since he came up, you know the underdog thing and all that. Maybe his salary will be enough of a deterrent for other clubs and somehow Cavan can remain in the org. Besides, I would have DFAed Ernie Clement first. The Jays already have too many RH hitting infielders

Cavan Biggio is an underdog? The only reason why he got this job in the first place was because of his Hall of Fame dad. Hes been treated like a rich spoiled brat his whole life and had the best training a kid could have. You don’t have a clue

Dear LGBTQMets, Cavan Biggio has a higher career OBP than Bo Bichette. Get a clue

DanielDannyDano, What other stats are better than Bo’s? Don’t just give us one stat, give us all of them… Or, is that all of them???

The clock ran out for the 2nd coming of the biggio

“It just doesn’t make any sense” said a dope

Makes no sense to bring up a 1B/DH in Horwitz when you already have three of them — unless you DFA one, such as Vogelbach.

If you’d read the article, you’d know how they’re handling that.

Likely a better option than Guillorme, Paris, Tucker, or Adrianza.

Angels would be a good fit he would be Brandon drury but slightly worse

And Drury has barely played this season due to injury. Angels (as always) have nothing but journeymen minor leaguers to call up when injuries arise. This is why I was frustrated at Livan Soto getting DFA’d instead of just giving him a shot rather than calling up journeymen scrubs.

@orange wouldn’t mind biggio, and stefanic replacing guillorme and tucker.

Knew it was coming sooner or later and was mildly surprised it didn’t happen at some point last season. I’ve always rooted for him though and hope he does well wherever he ends up.

He was one of the team’s better hitters last season. That was probably not the time they were going to part ways with him.

I don’t know if you actually follow the Jays or not but he was was hitting under .200 with an OBP well below .300 by around the first week of July last year. He was definitely in DFA territory before he took off a bit, would you not agree?

Toronto where the “Sons of legends” reside has a member departing its club

the remaining members Guerrero’s, Bichette’s, and Varsho’s will pour a cold one in his memory.

James Tiberius Kirk is not related to Alejandro but share a nickname

Toronto finally figuring it out

Trade Guerrero Nepotism doesn’t work

Vlad is hitting like crazy the last month and doubt you know what nepotism means

All true, but the idea of an all ‘nepo baby’ infield was pretty novel.

’bout time. This was long overdue.

He’ll definitely land on his feet with a different franchise. Kind of absurd how a Major League Baseball team can hold onto a guy like Vogelbach and DFA a player like Biggio.

Vogelbach must have something on Atkins to keep him on the team, basically warming the bench. Hmmm? Maybe he is an inside informant? Providing management with information on what the players are actually thinking….

Over his last 14 games (11 starts), Vogelbach is hitting .286/.324/.457. I’ll take that from a part-timer any day.

He won them the series vs the Pirates in his revenge tour.

Vogelbach brings the Tim Hortons every day.

Craig: Son, you have shamed the family name.

Cavan: Oh, right, Mr. Steroids.

Craig was never accused nor did he fail a test

That’s inaccurate. There’s always been speculation about Biggio using steroids.

Bagwell took Biggio’s for him

I knew that David Ortiz wasn’t the only guy in the Hall of Fame that did steroids.

Steroids saved baseball

Scott Kingery 2.0

Accurate as far as the on field performance but not even close on the salary.

Well Kingery @24mil and Biggio @10.5…..

My tiny point was that they were both annointed as potential all star 2bmen who got “kinda” messed with by their teams.

Biggio was never a top prospect like Kingery. I believe the highest he ranked was #10 in the Jays system. Some people thought he might be good AFTER he put up two pretty good years in the major leagues, but that was always a controversial opinion and nobody ever imagined he was comparable to Vlad or Bo.

But not anywhere near Dale Berra’s production. He got more rope than most because of his pedigree, but he was more productive than Cavan Biggio.

If memory serves, as a Phillies fan, he was late 70’s early 80’s Pirate. Was probably @league average or just below for a MIF of that era. Was he Trammell r Whitaker – nope – but he had some decent seasons?

To Houston to try to channel his father’s production?

By channel – do you mean inject?

As the late great Bray Wyatt would say during the Firefly Funhouse. Yowee Wowee

Now I can’t call him Kevin when I’m at the games:(

Jays mishandled Biggio.

Biggio could have non-tendered at the end of last season. He’s had more opportunities to prove himself than most players and has come up wanting.

It has nothing to do with being non-tendered. Jays mishandled Biggio.

30 parks instead of reiterating a statement, back it up with some points. I know one valid point I could bring up in-defense of Biggio, however I’ll let you make the argument.

I appreciate the lecture, Happening. Thanks, mom. A little bitter from our last exchange? Be well.

19 hours ago

Don’t even remember the last one. All I ask is that you say why you feel the Jays mishandled Biggio.

14 hours ago

… ask?

6 hours ago

It was YOUR statement. Empty without facts to back it up. Since you refuse, empty is your brand.

I’ll do the work for you: Blue Jays should have kept him at 2B and acquired a 3B they needed in 2021.

There. Did your work for you.

@NoSaint…….

You have been weighed; you have been measured; and you have been found wanting. Great line…

Looks like it’s time for me to watch A Knight’s Tale….

Yeah, like Senzel was mishandled too. Face it, some guys just aren’t that good.

I hope my Mariners snag him. If nothing else, to keep him away from Houston or the Yanks.

The Yankees hope your Mariners snag him too.

I didn’t realize the M’s needed a dead spot in their lineup especially after rolling the dice big time on Robles.

No, the Mariners do not need that guy. Bad call.

Hey, my Granny played bongoes with that guy.

Awesome!!!!! +1. I told myself I would change the picture once somebody identified him. It only took about six weeks. There is hope for baseball/post-punk fans. Cheers!

I wonder if he’ll become another Pete Rose Jr, who wasn’t much of a player but kept getting chances because of his his name and played 13 years in the minors.

Pure conjecture on my part, but his continued opportunities with the Blue Jays are partly due to who his father is. So yes, he probably will get the same treatment as Pete Rose Jr.

Same goes for Vladdy IMHO. He’s been better as of late but has previously struggled a lot…..

Guess he was worth the gamble

I wouldn’t mind the Astros taking a flyer on him. His father Craig Biggio is a Hall of Famer with the Stros and Cavin was born in Houston.

that is just fantastic….got hit bubblegum card today?

Mopargary: Congratulations! You are today’s winner of the Captain Obvious Cup!

Looks like a Pirates dumpster diver candidate.

He doesn’t play center field or first, and they don’t need more middle infielders.

He has actually played a decent amount of first in his career. Not a ton, but some.

Bad take, mario crosby… the Pirates would never pay $2.7M for half a season of Biggio. $2.7M is probably BC’s budget for fixing the bullpen for ’25

Take some steroids like your dad, maybe that will help.

Liked Biggio’s versatility however he was a fringe player at best

FINALLY! This was too long coming. The Jays front office just can’t admit when they’re wrong about a player. Biggio doesn’t have the bat to play in the big and his glove doesn’t make up for a weak hit tool. He should have been dumped a year ago. He’s practically become an automatic out. Vladdy and Bo are gonna be pisssed….and that may be the best thing of all from dumping Biggio. Maybe it’ll spur them to some kind of action.

Vladdy has actually hit really went since his weak performance in April, but Bo still hasn’t found his groove.

Thank you Cavan for not wasting the Phillies money and going back in the draft

If he had a different last name, probably would have been dfa’d many years ago.

leaving aside that Biggio is your proverbial 26th man, this is still a shocking move. he is a home grown player, part of their sons of former major leaguer nucleus – its a signal that everything is on the table. Biggio will make a fine manager one day – he is a baseball player through and through but has no hit tools. good luck to him.

Am I the only one that could see him end up I Atlanta?? He would be a perfect super utility guy for the team. Also won’t be the first guy to go to Atlanta play at all star level.

Also could see the Astros grabbing him as he would increase ticket sales short term just because of the name

I don’t see Atlanta having having any interest in him. He’s not a starter on a good baseball team, and barring injury, Braves starting position players will play every day.

Houston, yeah, I could see it, especially if they are intent on moving some short-term assets at the deadline.

Biggio is a 3 win player over 600 at bats. This year he’s on a 2 win pace. And he’s also controllable for 2025.

This seems like a stupid move to me.

They need offense, and he has an OPS+ of 80.

Teams need talent not one specific part of talent like offense.

Looks like a future pirate

I’d love to see the Giants or Astros take a filer on him

2 years overdue but that’s still pretty good for this FO.

Welcome to the White Sox Cavan!

I do not understand the Jays FO anymore at all. DFA Cavan and keep Vogalsnack?!? Absolutely ridiculous! Run Cavan run! Get away from this team and put your sights on a team that values your talent!

Since Joey Votto is yet to play a single minor league game the odds of him eventually taking Vogelbach’s roster spot are slim and with Horowitz taking Biggio’s spot I’m not sure who next man up is in the Jays system

shapiro and useless atkins are next out the door !!

Can’t happen fast enough !!

My God, it’s about time. How long was he going to hang on just because of his last name…sheese!

I’d take a flyer on him for the Royals. Make him exclusively an outfielder, then work on improving the stick.

On names.org I found this tidbit of information about Biggio. “The name spelled backwards is Oiggib. A random rearrangement of the letters in the name (anagram) will give Ggiiob.” I’m not sure what to do with this information and how it relates to WAR.

Thank you, Harry. Have another Budweiser.

I will have another Budweiser, Brick House Coffee Tables Inc.

He is making too much salary for Tom Ricketts’ liking, but he’d be a slight upgrade over the Bote/Madrigal/Mastrobuoni triumvirate of Cub backup 2/3/SS.

Drew Smyly and a prospect in their 10-11 range who is not on the 40-man for Biggio and Janssen?

Dude what are you smoking ! It must be that legal weed in Illinois

Seems like a brash decision. All the feels if the Astros land him.

Regardless the industry, one can only ride dad’s coattails for so long

16 hours ago

well, there IS the British monarchy, that seems to have lasted a while.

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Texas Rangers Injured Rookie Begins Road Back With Rehab Assignment

Matthew postins | jun 6, 2024.

• Texas Rangers

Texas Rangers infielder Justin Foscue played his first game since April on Wednesday, as he started an injury rehab assignment with the Arizona Complex League Rangers in Arizona.

Foscue has been on the injured list since April 8 with an oblique strain. He's on the Rangers’ 60-day IL and is eligible to return on Friday.

He won’t be back with the Rangers on Friday, however. He's likely to continue his rehab stint with Triple-A Round Rock before he's ready to rejoin the Rangers roster.

Foscue batted second and served as the designated hitter. He was 1-for-4 with a walk.

Foscue was the Rangers’ first-round pick in 2020 out of Mississippi State and emerged as one of their top infield prospects last year. But the middle infielder's path to the Majors was blocked by the long-term contracts of Marcus Semien and Corey Seager.

Texas has long been intrigued by Foscue's hitting ability. When third baseman Josh Jung was placed on the IL a week into the season, the Rangers called up Foscue, 25.

In two MLB at-bats, Foscue was 1 for 2 with an RBI.

#Rangers had a few hits in the top of third. First coming from rehabbing Justin Foscue and then Braylin Morel laces this ball to dead center field nearly hitting it out! #StraightUpTx @ACLRangers pic.twitter.com/wddEOihnCy — Prospects Worldwide (@ProspectsWorldW) June 6, 2024

The Rangers would love to have a healthy Foscue right about now, as Seager left Wednesday’s game with left hamstring tightness that the Rangers believe to be minor. Texas is off on Thursday.

Jung remains on the 60-day IL and has not started a rehab assignment. Outfielder Evan Carter remains on the 10-day IL with a lumbar strain. Bruce Bochy said this week that Carter would need at least a month before he could return.

You can find Matthew Postins on Twitter @PostinsPostcard

Catch up with Inside the Rangers on Facebook , Twitter , TikTok and Instagram . 

MATTHEW POSTINS

Matthew Postins is an award-winning sports journalist who covers the Texas Rangers for Fan Nation/SI and also writes about the Houston Astros, Chicago Cubs and Philadelphia Phillies. He also covers the Big 12 for HeartlandCollegeSports.com.

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Assignment is a legal term whereby an individual, the “assignor,” transfers rights, property, or other benefits to another known as the “ assignee .”   This concept is used in both contract and property law.  The term can refer to either the act of transfer or the rights /property/benefits being transferred.

Contract Law   

Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties , in the absence of evidence otherwise.  For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.  That is, this assignment is both: (1) an assignment of A’s rights under the contract to the $50; and (2) a delegation of A’s duty to teach guitar to C.  In this example, A is both the “assignor” and the “delegee” who d elegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the “ assignee ” who is owed duties and is liable to the “ obligor ”.

(1) Assignment of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.  First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee .  That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C.  Second, rights cannot be assigned when they materially change the obligor ’s duty and rights.  Third, the obligor can sue the assignee directly if the assignee does not pay him/her.  Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

            (2) Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor.  It can only be delegated if the promised performance is more commonplace.  Further, an obligee can sue if the assignee does not perform.  However, the delegee is secondarily liable unless there has been an express release of the delegee.  That is, if B does want C to teach guitar but C refuses to, then B can sue C.  If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

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

Property Law

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

[Last updated in May of 2020 by the Wex Definitions Team ]

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Marlins designate Avisaíl García for assignment: Miami to pay out remaining $24 million on four-year deal

García signed a four-year, $53 million contract before the 2022 season.

The Miami Marlins have designated veteran outfielder Avisaíl García for assignment, the team announced Tuesday. García, who signed a four-year pact worth $53 million prior to the 2022 season, will still be owed what's left on his contract through the completion of the deal. That includes what's left on his $12 million salary this season, in addition to his $12 million salary for next year, and a $5 million buyout on the club option the Marlins held on his services in 2026, which adds up to about $24 million.

It's fair to write that García, 32, was a massive disappointment for the Marlins. Across parts of three seasons, he hit just .217/.260/.322 (62 OPS+) with 13 home runs and six stolen bases in 153 games. His contributions were estimated to be worth nearly two wins below replacement level, per Baseball Reference's calculations. 

Prior to joining the Marlins, García had earned a reputation as a talented, but inconsistent performer. Even with his putrid Marlins stint, his career marks include a 100 OPS+ and 140 home runs. He made the All-Star Game in 2017, and he launched a career-best 29 home runs in 2021 as a member of the Milwaukee Brewers . The Marlins were hopeful that García could bring that kind of power to their lineup. Alas, that desire never materialized in a meaningful way.

García's removal from the Marlins roster is the latest attempt by new baseball operations head Peter Bendix to correct the mistakes made by Kim Ng and Miami's previous management team. Earlier this season, Bendix began what's likely to be a summer-long sell-off on South Beach by trading infielder Luis Arraez to the San Diego Padres in exchange for a four-player package.

The Marlins enter play on Tuesday with a 21-39 record on the year, good for the worst record in the entire National League.

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International Expert Consultant for Gender in Disaster Risk Reduction, Climate Change Adaptation and Risk-Informed Development.

Advertised on behalf of.

Home-based with missions respectively in TBD

Type of Contract :

Individual Contract

Starting Date :

Application deadline :.

13-Jun-24 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

Time left :, languages required :.

English   French  

Expected Duration of Assignment :

July 1, 2024 - November 15, 2024

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

With the support of UNDP, UN Women is contributing to the implementation of the regional project titled " Strengthening Capacities for Disaster Risk Reduction and Adaptation for Resilience in the Sahel Region: fostering risk-informed solutions for sustainable development " (Sahel Resilience Project). This project covers Burkina Faso, Chad, Mali, Mauritania, Niger, Nigeria, and Senegal. The UN Women comparative advantage is to enhance the regional and national capacities to mainstream and advocate effectively for the integration of gender and social inclusion into national and regional disaster risk reduction (DRR) and climate change adaptation (CCA) strategies and policies. The key outputs include increased capacities of women's organizations in integrating gender and social inclusion into DRR and CCA strategies, collection of sex age and disability disaggregated data and gender sensitive DRR assessments, and improved participation of women in DRR and CCA planning and dialogue.

Acknowledging the persistent gender disparities in access to basic services, property rights, and the labor market, UN Women has identified civil society organizations (CSOs) working in the areas of development and reduction of vulnerabilities. In collaboration with UNDP, UN Women organized four training sessions in 2022 and 2023 with representatives of women CSOs and key stakeholders in DRR/CCA from government entities.  In 2022, two regional trainings covered topics such as concepts, gender and social inclusion in disaster risk reduction, climate change, and risk-informed development. Workshops were held in Abuja, Nigeria, and Dakar, Senegal, while in 2023, two regional workshops focusing on mainstreaming gender-sensitive DRR and CCA into development planning and budgeting, as well as supporting women-led organizations in developing project proposals for community-level interventions to strengthen resilience.  Representatives of selected women CSOs also participated in the Africa Working Group for DRR sessions in Malabo on March 2023 and in Kigali in April 2024.

Following the capacity-building sessions, CSOs were invited to submit project proposals aligned with regional stabilization strategies and local territorial action plans. These proposals aim to address disasters, climate change, conflict, and insecurity at community levels with prospects for sub-regional approaches in the Lake Chad Basin and Liptako Gourma regions.

In this second phase of the project, it is planned to have reviews and evaluations of these proposals for the provision of small grants to women-led CSOs to implement the agreed upon pilot DRR/CCA activities while building their capacities in gender sensitive resilience programming.  At least five projects will be funded and all the retained CSOs will seek to harmonize their interventions towards common approaches at sub-regional or regional levels.

Besides supporting the capacity building activities, the consultant will adapt and make use, as much as possible, of the methodologies and tools for disaster resilience developed during the first phase for the project.  These include gender-sensitive and vulnerability-based risk assessment tools.

Duties and Responsibilities

The consultancy assignment with UN Women WCARO office will include:

• Facilitation of sessions of the regional meeting/workshop for the launch of the small grants support to women CSOs;
• Participation and recommendations during in the reviews of DRR/CCA interventions proposed by women CSOs and the reflections for integrated regional or sub-regional approaches;
• Preparation and facilitation of gender sensitive DRR/CCA trainings tailored to the needs of women CSOs recipient of small grants

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This is a home-based consultancy with travel to the sites/countries where the workshop and trainings will take place.

UN Women will cover the expenses related to travel (travel fares, hotel, DSA).

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Core Values: 

• Respect for Diversity 
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• Professionalism 

Core Competencies: 

• Awareness and Sensitivity Regarding Gender Issues 
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• Stakeholder Engagement 
• Leading by Example 
• Please visit this link for more information on UN Women’s Core Values and Competencies:  

https://www.unwomen.org/en/about-us/employment/application-process#_Values  

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Education and Certification:

• Master’s degree in gender studies, policy, disaster risk reduction, climate change, resilience and/or any relevant field directly related to gender and disaster resilience.

Experience:

• Demonstrated experience and expertise in disaster risk reduction, climate change and development contexts;
• Experience in gender in disaster risk reduction or climate change at regional and country levels, particularly in the Sahel;
• Demonstrated knowledge of gender equality and women’s empowerment;
• Previous experience with UN Women or international work settings, including CSOs, NGOs, national governments, and other UN agencies.
• Experience working on and supporting knowledge hubs an advantage.
• Fluency in English and French is required.

The consultancy will take place between July and November 2024 for a maximum of 36 days. In accordance with the “Timetable: key deliverables and payment schedule” specified above. All payments will be released to the Consultant following examination of the deliverables/work submitted to UN Women WCARO and approved by the Head of Office.

How to Apply 

• Personal CV or P11 (P11 can be downloaded from: https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/About%20Us/Employment/UN-Women-P11-Personal-History-Form.doc )
• A cover letter (maximum length: 1 page)

In July 2010, the United Nations General Assembly created UN Women, the United Nations Entity for Gender Equality and the Empowerment of Women. The creation of UN Women came about as part of the UN reform agenda, bringing together resources and mandates for greater impact. It merges and builds on the important work of four previously distinct parts of the UN system (DAW, OSAGI, INSTRAW and UNIFEM), which focused exclusively on gender equality and women's empowerment.

Diversity and inclusion

At UN Women, we are committed to creating a diverse and inclusive environment of mutual respect. UN Women recruits, employs, trains, compensates, and promotes regardless of race, religion, color, sex, gender identity, sexual orientation, age, ability, national origin, or any other basis covered by appropriate law. All employment is decided on the basis of qualifications, competence, integrity and organizational need.

If you need any reasonable accommodation to support your participation in the recruitment and selection process, please include this information in your application.

UN Women has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UN Women, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. All selected candidates will be expected to adhere to UN Women’s policies and procedures and the standards of conduct expected of UN Women personnel and will therefore undergo rigorous reference and background checks. (Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.