assignment versus delegation

Assignment vs. Delegation

What's the difference.

Assignment and delegation are two different ways of distributing tasks and responsibilities within a group or organization. Assignment refers to the act of allocating specific tasks or projects to individuals or teams based on their skills, expertise, or availability. It involves providing clear instructions and expectations to the assigned person, who then becomes solely responsible for completing the task. On the other hand, delegation involves entrusting someone with the authority to make decisions and take actions on behalf of the delegator. It involves not only assigning tasks but also granting the necessary power and autonomy to the delegatee to accomplish the assigned tasks. While assignment focuses on task distribution, delegation emphasizes the transfer of authority and decision-making power.

Further Detail

Introduction.

When it comes to managing tasks and responsibilities, two common approaches are assignment and delegation. Both methods involve distributing work among individuals or teams, but they differ in terms of authority, control, and accountability. In this article, we will explore the attributes of assignment and delegation, highlighting their key differences and benefits.

Assignment refers to the act of allocating specific tasks or projects to individuals or teams. It involves providing clear instructions, setting deadlines, and defining the expected outcomes. Assignments are typically made by a person in a position of authority, such as a manager or supervisor, who has the power to distribute work among subordinates.

One of the key attributes of assignment is the level of control it offers to the assignor. By assigning tasks, the assignor retains a significant degree of authority over the process and outcome. They have the power to dictate how the work should be done, provide guidance, and make decisions along the way. This level of control can be beneficial in situations where strict adherence to guidelines or standards is crucial.

Another attribute of assignment is the clear accountability it establishes. When tasks are assigned, the assignee becomes responsible for completing them within the given timeframe and meeting the specified requirements. This accountability ensures that individuals are held responsible for their work and can be evaluated based on their performance.

Furthermore, assignment allows for a structured approach to task distribution. The assignor can carefully assess the skills, capabilities, and workload of each individual or team before making assignments. This enables a more efficient allocation of resources and ensures that tasks are assigned to the most suitable individuals or teams.

However, assignment also has its limitations. The assignor may become overwhelmed with the responsibility of distributing tasks and overseeing their progress. This can lead to micromanagement and a lack of autonomy for the assignees. Additionally, if the assignor is unavailable or lacks the necessary expertise, it may result in suboptimal task allocation.

Delegation, on the other hand, involves entrusting a task or responsibility to another person or team while retaining overall accountability. It is a process that empowers individuals or teams to make decisions, take ownership, and exercise their judgment in completing the delegated tasks.

One of the key attributes of delegation is the level of autonomy it provides to the delegatee. Unlike assignment, delegation allows individuals or teams to have more control over the process and decision-making. They are given the authority to determine how the task should be accomplished, which can foster creativity, innovation, and a sense of ownership.

Another attribute of delegation is the opportunity for skill development and growth. By delegating tasks, the delegator can empower individuals or teams to take on new challenges, learn new skills, and expand their capabilities. This not only benefits the delegatee but also helps in building a more versatile and resilient workforce.

Furthermore, delegation can enhance collaboration and teamwork. When tasks are delegated, it encourages individuals or teams to work together, share knowledge, and support each other in achieving the common goal. This collaborative approach can lead to improved communication, increased efficiency, and a stronger sense of camaraderie.

However, delegation also comes with its own set of challenges. The delegator needs to carefully select the right individuals or teams to delegate tasks to, considering their skills, experience, and availability. Inadequate delegation can result in tasks being mishandled or not completed to the desired standard. Additionally, the delegator needs to strike a balance between providing guidance and support while allowing the delegatee to exercise their autonomy.

Now that we have explored the attributes of assignment and delegation, let's compare them to understand their differences more clearly.

Authority and Control

Assignment provides a higher level of authority and control to the assignor. They have the power to dictate how the work should be done and make decisions along the way. In contrast, delegation empowers the delegatee with more autonomy and decision-making authority, allowing them to determine the best approach to completing the task.

Accountability

Both assignment and delegation establish accountability, but in different ways. In assignment, the assignee is directly responsible for completing the task within the given timeframe and meeting the specified requirements. In delegation, while the delegatee is responsible for the task's execution, the delegator retains overall accountability for the outcome.

Task Allocation

Assignment follows a structured approach to task distribution, where the assignor assesses the skills and workload of individuals or teams before making assignments. Delegation, on the other hand, requires the delegator to carefully select the right individuals or teams based on their skills, experience, and availability.

Level of Autonomy

Assignment limits the autonomy of the assignee, as they are expected to follow the instructions and guidelines provided by the assignor. In contrast, delegation grants a higher level of autonomy to the delegatee, allowing them to exercise their judgment, make decisions, and determine the best course of action.

Development and Growth

While assignment focuses on task completion, delegation provides an opportunity for skill development and growth. By delegating tasks, the delegator empowers individuals or teams to take on new challenges, learn new skills, and expand their capabilities.

Collaboration and Teamwork

Assignment primarily focuses on individual tasks, whereas delegation encourages collaboration and teamwork. Delegated tasks often require individuals or teams to work together, share knowledge, and support each other in achieving the common goal.

Assignment and delegation are two distinct approaches to task distribution, each with its own attributes and benefits. Assignment provides control, clear accountability, and a structured approach to task allocation. On the other hand, delegation empowers individuals or teams with autonomy, fosters skill development, and enhances collaboration. The choice between assignment and delegation depends on the nature of the task, the level of control desired, and the development opportunities sought. By understanding the attributes of assignment and delegation, managers and leaders can make informed decisions to optimize task distribution and achieve organizational goals.

Comparisons may contain inaccurate information about people, places, or facts. Please report any issues.

Assigning And Delegating Aren’t The Same Thing – Here’s The Difference

Mastering the skill of delegation is critical to your career.  In the past, on the WLF blog, we’ve addressed certain obstacles that get in the way of successful delegation.

Today we’re focusing on another delegation challenge:  the practice of assigning work  under the guise  of delegation. 

Both assignment and delegation have the same short-term result: the work gets done. But throw even the smallest wrench into the works (unexpected changes, unanticipated crisis) – and an assigned task becomes a boomerang that lands back in your lap. A delegated task, on the other hand, becomes a positive challenge for your team – at work or at home – to stretch, grow, and achieve optimal results.  The critical distinction is that assignment is  task-oriented , while delegation is  results-oriented .

As with many things we discuss in WLF, effective delegation begins with cultivating the right mindset. A good leader effectively assigns work to improve their productivity now. A  great  leader effectively delegates challenging work and responsibilities as a learning and motivating opportunity to improve long-term productivity. Remember the success of the people who work for you is your success.

This month, practice these skills to master delegation:

Tend to the person (or team) – not to the task. Understand your own role as leader; be clear, kind and direct. Step into this role by leading by example, enabling (empowering) and setting the people who work for you up for success (at work and at home).

Know what YOU want. If you can’t visualize success, how can they? Before giving instructions, take a deep breath, center, and ask yourself what outcome will really make you happy. Be as specific as you can about your conditions of satisfaction. This might take an extra five minutes in the moment, but could save hours on the other end, not to mention added stress and disappointment.

Know what THEY want. Understand motivating – and demotivating – factors by recalling your own experiences of performing delegated work, and seeing your team members as “collective individuals.” Remember that many team members are motivated by having the autonomy to deliver results in their own way and by understanding how they are contributing to a larger goal. The better you understand the person to whom you are delegating (both “hard skills” capabilities and “soft skills” individual drivers), the better you can lay out a framework for mutual success.

Flex your behavioral style. What you do and say – and how you do and say it – matters (a lot). You have all taken the DiSC assessment. Pull it out, brush it off, and refamiliarize yourself with the your own natural style and the style of others – particularly under stress. If your team members have not completed the assessment, take a guess at their style and experiment flexing your style to make help make them more successful. Just remember not to “box in” anyone.

Be clear, specific, and complete.  During busy times, it can be tempting to drive straight into the task and move on. However, spending a few extra minutes on big-picture context, expectations, and process not only minimizes risky guesswork, but also can help align and motivate team members.  To know whether you’ve been clear and specific enough, ask whether the team member you’re addressing knows answers to the following:

– How the task supports a bigger challenge or client/firm success? – What are the expectations and success metrics? – What are the deadlines: internal and external? – What is the appropriate level of initiative / authority they should be using? – Accountability: How and when to check in or ask for help?

Try to meet face-to-face (in person or virtually). E-mail serves a purpose, but especially at the beginning of a new assignment (or delegation relationship), interactive meetings are essential to build trust and provide additional insight through non-verbal cues. It’s helpful to summarize the meeting with a memo/email to ensure clarity and alignment – in fact, this can be the first item you delegate!

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Understanding Assignment and Delegation in Contracts

Nov 24, 2023 | Contracts

Contracts serve as the backbone of countless interactions in our daily lives, from business agreements to personal arrangements. Within the intricate web of contractual relationships, two essential concepts play a pivotal role: assignment and delegation. In this comprehensive guide, we will delve into the depths of assignment and delegation in contracts, unraveling their definitions, implications, and the crucial distinctions between them.

I. Definition and Basics:

A. Assignment:

An assignment in the context of contracts refers to the transfer of one party’s rights or obligations under the agreement to another entity. This can involve the entire contract or specific rights within it. The original party is known as the “assignor,” the party receiving the rights is the “assignee,” and the other party to the original contract is the “obligor.”

B. Delegation:

Delegation, on the other hand, involves the transfer of one party’s duties or responsibilities under the contract to a third party. The party initially obligated is the “delegator,” the entity assuming the responsibilities is the “delegatee,” and the other party to the original contract remains the “obligee.”

II. Key Elements of Assignment:

Assignments often require notice to the obligor for legal effectiveness. This notice serves to inform the obligor that the rights under the contract have been transferred to another party. Failure to provide proper notice might result in the assignee’s inability to enforce the assigned rights against the obligor.

B. Consideration:

In many jurisdictions, a valid assignment requires consideration, meaning something of value must be exchanged between the assignor and assignee. This ensures that the assignment is a bona fide transaction rather than a gratuitous transfer.

C. Prohibited Assignments:

Certain contracts include provisions prohibiting assignment without the consent of all parties involved. If such a provision exists, attempting to assign the contract without consent could lead to a breach.

III. Key Elements of Delegation:

A. Responsibility vs. Performance:

Delegation involves the transfer of responsibilities, not performance. The delegator remains liable for the performance of the contract, and any failure on the part of the delegatee reflects directly on the delegator.

B. Consent:

Similar to assignments, some contracts explicitly state that delegation is not allowed without the consent of the other party. If a contract includes a non-delegation clause, attempting to delegate without consent may result in a breach.

C. Trust and Expertise:

Delegation is often used when the delegator believes that the delegatee possesses specific skills or expertise required for the performance of certain duties. However, trust remains paramount, as the delegator is ultimately responsible for the contract’s fulfillment.

IV. Legal Implications:

A. Third-Party Rights:

Assignments can create third-party rights, allowing the assignee to enforce the assigned rights directly against the obligor. This can lead to complex legal scenarios, especially when dealing with multiple layers of contractual relationships.

B. Breach of Contract:

Improper assignment or delegation can result in a breach of contract. Parties must adhere to the terms of the contract and applicable laws to avoid legal consequences.

C. Novation:

In some cases, parties may opt for novation, a process that involves the substitution of a new party for one of the original parties. Novation releases the original party from all obligations under the contract and replaces them with a new party.

V. Practical Considerations:

A. Drafting Clear Contracts:

To avoid confusion and potential disputes, parties should draft contracts with clear language regarding assignment and delegation. Clearly outlining the rights, obligations, and any restrictions on transfer helps prevent future complications.

B. Due Diligence:

Before entering into a contract, parties should conduct due diligence to understand the implications of assignment and delegation. This includes reviewing the contract terms, local laws, and potential impacts on the overall relationship.

C. Legal Assistance:

In complex contractual arrangements, seeking legal advice is crucial. Attorneys can provide guidance on the specific laws governing assignments and delegations in the relevant jurisdiction and help draft contracts that align with the parties’ intentions.

Conclusion:

Understanding assignment and delegation in contracts is paramount for anyone engaged in contractual relationships, be it in business or personal matters. By grasping the intricacies of these concepts, parties can navigate the legal landscape with confidence, fostering transparent and mutually beneficial agreements. As contracts continue to shape our interactions, a solid understanding of assignment and delegation remains an essential tool for individuals and businesses alike.

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10.6: Assignment, Delegation, and Third Party Beneficiaries

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• Page ID 42046

• Melissa Randall and Community College of Denver Students
• Community College of Denver

Contracts are by law assignable and delegable. This means that the rights conveyed by the contract may be transferred to another party by assignment , unless an express restriction on assignment exists within the contract, or unless an assignment violates public policy. Likewise, the duties imposed on a party may be transferred to another party by delegation , unless the contract expressly restricts delegation, there is a substantial interest in personal performance by the original party to the contract, or if delegation would violate public policy.

As a general rule, a party may assign contract rights without the consent of the other party. This is common in the construction industry where a general contractor may assign rights and delegate duties to subcontractors for specific work that needs to be performed under the main contract. For example, the general contractor may delegate the duty to perform electrical work to an electrician, as well as assign the right to be paid for the work performed.

In delegation and assignment, the original contracting party is not “off the hook” if it transfers its duties or rights to another party. For instance, a subtenant assumed the rights and duties imposed on the original tenant in a lease. If the subletting tenant does not pay the rent, the original tenant is still liable.

The way to excuse oneself from legal liability under a contract is through novation. Novation is essentially a new contract that transfers all rights and duties to a new party to the contract and releases the previous party from any further obligation. It is the procedure in which one party is dismissed completely from the contract because a third party is substituted. In this situation, the dismissed party no longer has any liability under the original contract. To be effective, all parties must agree to the novation.

Third Party Beneficiaries

Assignment and delegation under a contract should not be confused with rights of third party beneficiaries. A third party beneficiary is someone who is not a party to the contract but stands to benefit from it. Life insurance policies are a classic example of contracts with third party beneficiaries. The insurance company and the insured are parties to the contract. But the person who receives payment upon the death of the insured is the third party beneficiary.

Third party beneficiaries can either be intended or incidental. An intended beneficiary is someone who the parties intend to receive the benefit of the contract. For example, the named beneficiary of a life insurance policy. The beneficiary does not need to know about the contract to have his or her rights vest.

An incidental beneficiary is someone who benefits from a contract but was not intended by the parties to benefit. For example, if a business pays for a professional to landscape its property, the neighbors are incidental beneficiaries to the landscaping contract. They benefit from the improved appearance and property values, but the business did not enter the contract with an intent to benefit them. Incidental beneficiaries do not have a legally enforceable interest in the contract.

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How to Delegate Effectively: 9 Tips for Managers

• 14 Jan 2020

Delegation is a vital management skill . But for some, it’s the hardest to put into practice.

There are several reasons why managers may shy away from delegating work. They might:

• Think it would take longer to explain the task than actually completing it themselves
• Want to feel indispensable to their team by being the keeper of specific knowledge
• Enjoy completing certain projects so prefer not to reassign them
• Feel guilty about adding more work onto another employee’s to-do list
• Lack confidence or trust in who they need to transfer the project to
• Believe that they’re the only ones who can do the job right

Whatever the reason, it’s important to continue honing the skill, as refusing to delegate can have negative consequences. Not only will you overload your schedule and prioritize the wrong tasks, but your employees will miss out on valuable learning and growth opportunities.

Access your free e-book today.

What Is Delegation and Why Is It Important?

Delegation refers to the transfer of responsibility for specific tasks from one person to another.

From a management perspective, delegation occurs when a manager assigns specific tasks to their employees. By delegating those tasks to team members, managers free up time to focus on higher-value activities while also keeping employees engaged with greater autonomy.

According to a Gallup study , CEOs who excel in delegating generate 33 percent higher revenue. These executives know they can’t accomplish everything alone and position their team to tackle tasks they’re confident they’ll achieve—in turn empowering employees, boosting morale, and increasing productivity. In the process, CEOs free up their time to focus on activities that will yield the highest returns and grow the company.

Here are nine ways you can start delegating more effectively to cultivate high-performing teams.

9 Delegation Tips for Managers

1. know what to delegate.

Not every task can be delegated. For example, performance reviews or any personnel matters should be handled by you. After all, hiring the right talent and knowing each employee’s strengths and weaknesses will ultimately make you better at assigning deliverables and transferring responsibility to the appropriate team members.

Several other day-to-day activities don’t require your oversight, though. Is there a task you regularly tackle despite knowing your co-worker is better equipped to complete it? Would assigning the project to other employees help bolster their careers? If there’s someone who could do the work better, or you think this could be a teachable moment, delegate. It will show you trust and value your team, while also giving you time to focus on more strategic projects.

2. Play to Your Employees’ Strengths and Goals

Every employee should have goals they’re working toward, and within those goals are opportunities to delegate. For example, maybe you have a direct report who wants to gain management experience. Is there an intern they could start supervising, or a well-defined project they can own the execution of? The type of work you delegate could factor into their professional development plan.

For other tasks, there’s likely someone on your team with the specific skill set needed to achieve the desired result. Leverage that and play to your employees’ strengths. When someone has a higher chance of excelling, they’re more motivated and engaged , which then benefits the entire business.

Related: How to Become a Better Manager

3. Define the Desired Outcome

Simply dumping work onto someone else’s plate isn’t delegating. The projects you hand off should come with proper context and a clear tie into the organization’s goals.

“You’ve got to have real clarity of objective,” says Harvard Business School Professor Kevin Sharer in the online Management Essentials course . That includes having alignment on “what does good look like” and by what timeline, and “the technique of measuring accomplishment.”

Before anyone starts working on a project, they should know what they need to complete and by when, including the metrics you’ll use to measure the success of their work.

4. Provide the Right Resources and Level of Authority

If the person you’re delegating work to needs specific training, resources, or authority to complete the assigned project, it’s your role as a manager to provide all three. Setting someone up for an impossible task will frustrate both sides; your colleague won’t be able to achieve the desired outcome, and then you’ll likely need to put that work back on your to-do list.

This is also where you need to fight the urge to micromanage . Telling your co-worker, step-by-step, how you would accomplish the task and then controlling each part of the process won’t enable them to learn or gain new skills. Focus instead on what the desired end goal is, why the task is important, and help address any gaps between the outcome and their current skill set.

5. Establish a Clear Communication Channel

While you want to avoid micromanaging, you do want to establish a communication channel so that the person you’re delegating to feels comfortable asking questions and providing progress updates.

“You’ve got to have some way to communicate so that the person you delegated to can come back to you and report,” says Sharer in the Management Essentials course . “You’ve got to have some way along the way to see how things are going. It isn’t fire and forget. That is, ‘I just give you the task and I don’t worry about it anymore. We’ve got to have some way to monitor the progress along the way without me getting in your way.’”

Setting up regular check-ins and providing feedback throughout the project can help with this.

6. Allow for Failure

This step is particularly important for the perfectionists who avoid delegating because they think their way is the only way to get the work done. You need to allow for failure—not because your employees might fail, but because it will enable experimentation and empower the people you’re assigning tasks to, to take a new approach.

If you’re open to new ideas and approaches to the work, you’ll have an easier time delegating when able.

7. Be Patient

As a manager, you likely have more years of experience in your field. Because of this, a task you can complete in 30 minutes might take an employee a full hour the first time they complete it.

You might be tempted to refrain from delegating certain tasks knowing that you can get them done faster, but be patient with your employees. Think back to the first time you completed a specific task early on in your career. You probably weren’t as efficient as you are now; your time management skills have improved.

As you continue to delegate and your employees become more familiar with the tasks that need to be completed, you’ll notice that the work will get done faster over time.

Related: 7 Strategies for Improving Your Management Skills

8. Deliver (and Ask For) Feedback

In addition to monitoring progress, you should also deliver feedback to your employees after the tasks you’ve delegated are complete.

If a task wasn’t completed as assigned, don’t be afraid to offer constructive criticism. Your employees can take this feedback and make changes the next time a similar task is assigned. On the other hand, remember to provide positive feedback and show your appreciation when a task was done well.

To ensure you’re delegating effectively, you’ll also want to ask your team for any feedback that they can give you. Ask your employees if you provided clear instructions and determine if there’s anything you can do to better delegate in the future.

9. Give Credit Where It’s Due

After you’ve delegated tasks and they’ve been seen through to completion, credit those who achieved the work.

“Recognizing that success is because of your team is not only right, but it has the added benefit of making those around you more engaged—making you even more successful,” writes HBS Online Executive Director Patrick Mullane for Richtopia. “It’s counter-intuitive, but not claiming success for yourself will lead to more future wins.”

The more you thank and credit those you’ve delegated work to, the more likely it is they will want to help you on other projects in the future.

Honing Your Delegation Skills

Delegating isn’t easy; it’s a skill that must be practiced and honed over time. But the better you become at aligning the right people with the right tasks and responsibilities, the more effective you’ll become at your job as a manager.

Are you interested in further improving your managerial skills? Download our free leadership and management e-book to find out how. Also, explore our eight-week online Management Essentials course , which will provide you with real-world tools and strategies to excel in decision-making, implementation, organizational learning, and change management.

This post was updated on June 2, 2021. It was originally published on January 14, 2020.

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General Contract Clauses: Assignment and Delegation | Practical Law

General Contract Clauses: Assignment and Delegation

Practical law standard clauses 8-508-2992  (approx. 16 pages).

§ 2-210. Delegation of Performance; Assignment of Rights.

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(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract . No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.

(2) Unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract , or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his entire obligation can be assigned despite agreement otherwise.

(3)Unless the circumstances indicate the contrary a prohibition of assignment of "the contract" is to be construed as barring only the delegation to the assignee of the assignor's performance.

(4) An assignment of "the contract" or of "all my rights under the contract" or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract .

(5) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the assignor demand assurances from the assignee (Section 2-609 ).

Assignment vs. Delegation — What's the Difference?

Difference Between Assignment and Delegation

Table of contents, key differences, comparison chart, decision-making, task complexity, outcome orientation, compare with definitions, common curiosities, how does assignment benefit an organization, can a task be both assigned and delegated, what role does feedback play in delegation, is delegation more suited to certain types of tasks, how does assignment help in training new employees, what is the key difference between assignment and delegation, what should be considered when delegating tasks, can delegation fail if so, why, can assignment lead to skill development, why might a manager choose assignment over delegation, why is delegation important in leadership, how can managers ensure effective assignment, what are the risks of not delegating, how does delegation affect team dynamics, what is a common mistake in delegation, share your discovery.

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• Legal Dictionary

Assignment is a legal definition that refers to the transfer of rights, property, or other benefits between two parties. The party allocating the rights is known as the “assignor”, while the one receiving them is called the “assignee”. The other original party to the contract is known as the “ obligor ”.

A burden, duty, or detriment cannot be transferred as an assignment without the agreement of the assignee . Furthermore, the assignment can be carried out as a gift, or it may be paid for with a contractual consideration .

Keep reading to learn how this important legal term is used both in contract and property law and to see relevant examples.

• Assignment Examples

A common example of assignment within property law can be seen in rental agreements between landlords and tenants. For example, a tenant may be renting from a landlord but wants another party to take over the property . In this scenario, the tenant may be able to choose between assigning the lease to a new tenant or subleasing it.

If assigning it, the new tenant will be given the entire balance of the term, with no reversion to anyone else being possible. In other words, the new tenant would have a legal relationship with the landlord. On the other hand, if subleasing the property, the new tenant would be given a limited term and no legal responsibility towards the property owner, only towards the original tenant.

Another example of assignment can be seen within contract law . Let’s say that a school hires a piano teacher for a monthly employment contract with a salary of $2000 per month. As long as there is consent from all parties, the teacher could assign their contract to another qualified piano instructor.

This would be an assignment both of the piano teacher’s rights to receive $2000 per month, and a delegation of their duty to teach piano lessons. This illustrates the fact that under contract law, assignment always includes a transfer of both rights and duties between the parties. If a breach of contract is made by either party, for example for defective performance, then the new teacher or the school can sue each other accordingly.

• Legal Requirements for Assignment

For an assignment to be legally valid, it must meet certain requirements . If these are not met, a trial court can determine that the transfer of rights did not occur. The legal requirements for assignment are as follows:

• All parties must consent and be legally capable to carry out the assignment.
• The objects, rights, or benefits being transferred must be legal.
• The assignment is not against public policy or illegal.
• Some type of consideration is included if necessary.
• The contract in question must already be in place and doesn’t prohibit assignment.
• If a duty is being transferred, and it requires a rare genius or skill, then it cannot be delegated.
• The assignment doesn’t significantly change the expected outcome of a contract.
• Assignment Steps

To successfully assign a contract, certain steps must be followed to ensure the process is legally valid. The necessary assignment steps are listed below:

• Ensuring there is no anti-assignment clause in the contract.
• Executing the assignment by transferring the obligations and rights to a third party.
• Notifying the obligor of the transfer, which in turn relieves the assignor of any liability.
• Avoiding Assignment

In certain situations, one of the two parties may not want to allow their counterpart to assign the contract. This can be prevented by setting anti-assignment clauses in the original contract. An example of this is making it necessary for prior written consent to be attained from the other parties before the assignment is approved. Nevertheless, an anti-assignment clause cannot be included in an assignment that was issued or ordered by a court.

• Assignment vs. Novation

Novation occurs when a party would like to transfer both the benefits and burden of a contract to another party. This is similar to assignment in the sense that the benefits are transferred, but in this case, the burden is also passed on. When novation is finalized, the original contract is deleted and a new one is created, in which a third party becomes responsible for all the obligations and rights of the original contract.

• Assignment vs. Delegation

Although delegation and assignment are similar in purpose, they are two different concepts. Delegation refers to transferring the obligation to a third party without an assignment contract . While in assignment an entire contract and its rights and benefits can be passed on, in delegation only a particular contractual task or activity is transferred.

Let’s look at an example . Lisa is a homeowner that wants to hire Michael with an independent contractor agreement to remodel her garage. He plans to do all the work himself, but he’s not a painter, so he wants to delegate the painting work to his friend Valentina.

In this example, the contract is between Lisa, the obligor, and Michael, the delegator. Valentina would then be known as a delegatee, she doesn’t assume responsibility for the contract nor does she receive the contractual benefits, which in this case would be monetary compensation. However, Michael may have a separate agreement with Valentina to pay her in return for her work.

It’s also important to note that some duties are so specific in nature that it’s not possible to delegate them. In addition, if a party wants to avoid delegation , it’s recommended to add a clause to prevent the other party from delegating their duties.

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Home / NCLEX-RN Exam / Assignment, Delegation and Supervision: NCLEX-RN

Assignment, Delegation and Supervision: NCLEX-RN

Identifying tasks for delegation based on client needs, the "right task" and the "right person": identifying tasks for delegation based on client needs, ensuring the appropriate education, skills, and experience of personnel performing delegated tasks, assigning and supervising the care provided by others, communicating tasks to be completed and report client concerns immediately, organizing the workload to manage time effectively, utilizing the five rights of delegation, evaluating delegated tasks to ensure the correct completion of the activity or activities, evaluating the ability of staff members to perform the assigned tasks for the position, evaluating the effectiveness of staff members' time management skills.

In this section of the NCLEX-RN examination, you will be expected to demonstrate your knowledge and skills of assignment, delegation, and supervision in order to:

• Identify tasks for delegation based on client needs
• Ensure appropriate education, skills, and experience of personnel performing delegated tasks
• Assign and supervise care provided by others (e.g., LPN/VN, assistive personnel, other RNs)
• Communicate tasks to be completed and report client concerns immediately
• Organize the workload to manage time effectively
• Utilize the five rights of delegation (e.g., right task, right circumstances, right person, right direction or communication, right supervision or feedback)
• Evaluate delegated tasks to ensure correct completion of activity
• Evaluate the ability of staff members to perform assigned tasks for the position (e.g., job description, scope of practice, training, experience)
• Evaluate the effectiveness of staff members' time management skills

The assignment of care to others, including nursing assistants, licensed practical nurses, and other registered nurses, is perhaps one of the most important daily decisions that nurses make.

Proper and appropriate assignments facilitate quality care. Improper and inappropriate assignments can lead to poor quality of care, disappointing outcomes of care, the jeopardization of client safety, and even legal consequences.

For example, when a registered nurse delegates aspects of patient care to a licensed practical nurse that are outside of the scope of practice of the licensed practical nurse, the client is in potential physical and/or psychological jeopardy because this delegated task, which is outside of the scope of practice for this licensed practical nurse, is something that this nurse was not prepared and educated to perform. This practice is also illegal and it is considered practicing outside of one's scope of practice when, and if, this licensed practical nurse accepts this assignment. All levels of nursing staff should refused to accept any assignment that is outside of their scope of practice.

• How is the Scope of Practice Determined for a Nurse?
• Scope of Practice vs Scope of Employment
• RN Scope of Practice

Delegation, simply defined, is the transfer of the nurse's responsibility for the performance of a task to another nursing staff member while retaining accountability for the outcome. Responsibility can be delegated. Accountability cannot be delegated. The delegating registered nurse remains accountable for all client care despite the fact that some of these aspects of care can, and are, delegated to others.

Appropriate decisions relating to the successful assignment of care are accurately based on the needs of the patient, the skills of the staff, the staffs' position description or job descriptions, the employing facility's policies and procedures, and legal aspects of care such as the states' legal scopes of practice for nurses, nursing assistants and other members of the nursing team.

The " Five Rights of Delegation " that must be used when assigning care to others are:

• The "right" person
• The "right" task
• The "right" circumstances
• The "right" directions and communication and
• The "right" supervision and evaluation

In other words, the right person must be assigned to the right tasks and jobs under the right circumstances. The nurse who assigns the tasks and jobs must then communicate with and direct the person doing the task or job. The nurse supervises the person and determines whether or not the job was done in the correct, appropriate, safe and competent manner.

The client is the center of care. The needs of the client must be competently met with the knowledge, skills and abilities of the staff to meet these needs. In other words, the nurse who delegates aspects of care to other members of the nursing team must balance the needs of the client with the abilities of those to which the nurse is delegating tasks and aspects of care, among other things such as the scopes of practice and the policies and procedures within the particular healthcare facility.

Some client needs are relatively predictable; and other patient needs are unpredictable as based on the changing status of the client. Some needs require high levels of professional judgment and skill; and other patient needs are somewhat routinized and without the need for high levels of professional judgment and skill. Some client needs are acute, ever changing and/or rarely encountered; and other patient needs are chronic, relatively stable, more predictable, and more frequently encountered.

Based on these characteristics and the total client needs for the group of clients that the registered nurse is responsible and accountable for, the registered nurse determines and analyzes all of the health care needs for a group of clients; the registered nurse delegates care that matches the skills of the person that the nurse is delegating to.

For example, a new admission who is highly unstable should be assigned to a registered nurse; the care of a stable chronically ill patient who is relatively stable and more predictable than a serious ill and unstable acute client can be delegated to the licensed practical nurse; and assistance with the activities of daily living and basic hygiene and comfort care can be assigned and delegated to an unlicensed assistive staff member like a nursing assistant or a patient care technician. Lastly, the care of a client with chest tubes and chest drainage can be delegated to either another registered nurse or a licensed practical nurse, therefore, the registered nurse who is delegating must insure that the nurse is competent to perform this complex task, to monitor the client's response to this treatment, and to insure that the equipment is functioning properly.

The staff members' levels of education, knowledge, past experiences, skills, abilities, and competencies are also evaluated and matched with the needs of all of the patients in the group of patients that will be cared for. Some staff members may possess greater expertise than others. Some, such as new graduates, may not possess the same levels of knowledge, past experiences, skills, abilities, and competencies that more experienced staff members possess. Some may even be more competent in some aspects of client care than other aspects of client care. For example, a licensed practical nurse on the medical surgical floor may have more knowledge, skills, abilities, and competencies than a registered nurse in terms of chest tube maintenance and care because they may have, perhaps, had years of prior experience in an intensive care area of another healthcare facility before coming to your nursing care facility.

Delegation should be done according to the differentiated practice for each of the staff members. A patient care technician, a certified nursing assistant, a licensed practical nurse, an associate degree registered nurse and a bachelor's degree registered nurse should not be delegated to the same aspects of nursing care. Based on the basic entry educational preparation differences among these members of the nursing team, care should be assigned according to the level of education of the particular team member.

Also, staff members differ in terms of their knowledge, skills, abilities and competencies. A staff member who has just graduated as a certified nursing assistant and a newly graduated registered nurse cannot be expected to perform patient care tasks at the same level of proficiency, skill and competency as an experienced nursing assistant or registered nurse. It takes time for new graduates to refine the skills that they learned in school.

Validated and documented competencies must also be considered prior to assignment of patient care. No aspect of care can be assigned or delegated to another nursing staff member unless this staff member has documented evidence that they are deemed competent by a registered nurse to do so. For example, a newly hired certified nursing assistant cannot perform bed baths until a supervising registered nurse has observed this certified nursing assistant provide a bed bath and has decided that they are now competent to do this task without direct supervision.

All healthcare facilities and agencies must assess and validate competency before total care or any aspect of care is performed by an individual without the direct supervision of another, regardless of their years of experience. Competency checklists are used to document the competency of the staff; they must be referred to as assignments are made. Care can be delegated to another only when that person is deemed competent to perform the role or task and this competency is documented.

Scopes of practice are also considered prior to the assignment of care. All states have scopes of practice for advanced nurse practitioners, registered nurses, licensed practical nurses and unlicensed assistive personnel like nursing assistants and patient care technicians.

The job of the registered nurse is far from done after client care has been delegated to members of the nursing team. The delegated care must be followed up on and the staff members have to be supervised as they deliver care. The registered nurse remains responsible for and accountable for the quality, appropriateness, completeness, and timeliness of all of the care that is delivered.

The supervision of the care provided by others includes the monitoring the care, coaching and supporting the staff member who is providing the care, assisting the staff member with priority setting and time management skills, as indicated, educating the staff member about the proper provision of care, as indicated by a knowledge or skills deficit, and also praising and positively reinforcing the staff for a job well done.

Remember, the delegating registered nurse is still responsible and accountable for all of the client care that is delegated to others.

Registered nurses who assign, delegate and/or provide nursing care to clients and groups of clients must report all significant changes that occur in terms of the client and their condition. For example, a significant change in a client's laboratory values requires that the registered nurse report this to the nurse's supervisor and doctor.

They must also communicate and document all tasks that were completed and the client's responses to this treatment. As the old adage says, "If it wasn't documented, it wasn't done."

Time is finite and often the needs of the client are virtually infinite. Time management, organization, and priority setting skills, therefore, are essential to the complete and effective provision of care to an individual client and to a group of clients.

Priorities of care, as previously discussed, are established using a number of methods and frameworks including the ABCs, Maslow's Hierarchy of Needs and the ABCs/MAAUAR method of priority setting.

Some time management techniques, in addition to priority setting, that you may want to consider using to insure that you manage your workload and time effectively include:

• Clarifying your assignment as necessary
• Planning your work in an orderly and systematic manner knowing that priorities and clients' status change frequently
• Avoiding all unnecessary interruptions
• Learning how to say no to others when they ask you for help and you have priority patient needs that would not be addressed if you helped another

As previously discussed, all delegation may be based on the "Five Rights of Delegation" which are:

• The "right" directions and communication

In addition to the supervision of delegated tasks in terms of quality, appropriateness, and timeliness, the registered nurse who has delegated tasks must insure that the assigned activities have been correctly completed.

When assignments are made, the registered nurse must insure that the staff member will have ample time during the shift to complete the assignment and, then, the registered nurse must monitor and measure the staff members' progress toward the completion of assigned tasks throughout the duration of the shift.

This monitoring must be done in an ongoing and continuous manner and not at the end of the shift when it is too late to make corrections.

As previously discussed, staff members should have documented competency for all tasks that are assigned to them. All nursing team members have the responsibility, however, to refuse an assignment if they believe that they cannot do it properly. When this occurs, the registered nurse should either teach the staff member how to perform the task and then document their competency in terms of this assigned task or assign the task to another nursing team member who has documented competency and is sure that they can perform the task in a correct manner.

Part of supervision entails the ongoing evaluation of staff's ability by the registered nurse to perform assigned tasks using direct observations and with indirect observations of patient safety, the quality of the care provided, the appropriateness of care provided, and the timeliness of care provided. For example, the registered nurse can directly observe the performance of the nursing assistant while the client is being transferred from the bed to the chair; and the registered nurse can review the medication administration record to determine if the licensed practical nurse has administered medications in a timely manner which is an example of indirect observation.

The ability of a staff member to perform a specific task is not only based on their competency but it is also based on their:

• Legal scope of practice,
• Documented competency,
• Education and training,
• Past experiences,
• Position description which is also referred to as the job description and
• Healthcare facility specific policies and procedures.

All states throughout our nation have legally legislated scopes of practice for registered professional nurses, licensed practical or vocational nurses, and advanced nursing practice nurses; and they also have legal guidelines related to what an unlicensed, assistive staff member, such as a student nurse technician, patient care aide, patient care technician or nursing assistant, can and cannot legally perform regardless of whether or not the healthcare provider or the delegating nurse believes that they are competent to do.

Although these legal, legislated scopes of practice may vary a little from state to state, they share a lot of commonalities and similarities. For example:

• The scope of practice for the registered nurse will most likely include the legal ability of the registered professional nurse to perform all phases of the nursing process including assessment, nursing diagnosis, planning, implementation and evaluation.
• The scope of practice for the licensed practical or vocational nurse will most likely include the legal ability of this nurse to perform data collection, plan, implement and evaluate care under the direct supervision and guidance of the registered nurse.
• The scope of practice for an advanced practice nurse, such as a nurse practitioner, will most likely include the legal ability of the advanced practice registered professional nurse to perform all phases of the nursing process including assessment, nursing diagnosis, planning, implementation and evaluation in addition to prescribing some medications.

Nurses violate scope of practice statutes, or laws, when they function in roles and aspects of care that are above, beyond and/or not included in their scope of practice. Permanent license revocation may occur when a nurse practices outside of the legally mandated scope of practice. Additionally, licensed nurses who have failed to either reapply for their license or have had it revoked as part of a state disciplinary action cannot and continue to practice nursing are guilty of practicing nursing without a license.

Among the tasks that CANNOT be legally and appropriately delegated to nonprofessional, unlicensed assistive nursing personnel, such as nursing assistants, patient care technicians, and personal care aides, include assessments, nursing diagnosis, establishing expected outcomes, evaluating care and any and all other tasks and aspects of care including but not limited to those that entail sterile technique, critical thinking, professional judgment and professional knowledge.

Some examples of tasks and aspects of care that can be delegated legally to nonprofessional, unlicensed assistive nursing personnel, provided they are competent in these areas, under the direct supervision of the nurse include:

• Assisting the client with their activities of daily living such as ambulation, dressing, grooming, bathing and hygiene
• Measuring and recording fluid intake and output
• Measuring and recording vital signs, height and weight
• The provision of nonpharmacological comfort and pain relief interventions such as establishing and maintaining an environment conducive to comfort and providing the client with a soothing and therapeutic back rub
• Observation and reporting changes in and the current status of the patient’s condition and reactions to care
• The transport of clients and specimens and other errands and tasks such as stocking supplies
• Assistance with transfers, range of motion, feeding, ambulation, and other tasks such as making beds and assisting with bowel and bladder functions

In addition to the legally mandated state scopes of practice, the registered nurse must also insure that the delegated tasks are permissible according to the nursing team members' position description which is also referred to as the job description, and the particular facility's specific policies and procedures relating to client care and who can and who cannot perform certain tasks.

For example, intravenous bolus and push medications may be permissible for only licensed registered nurses in certain areas of the healthcare facility such as the intensive care units; the administration of blood and blood components may be restricted to only registered nurses; and the care of a client who is receiving conscious sedation may be restricted to only a few registered nurses in the particular healthcare facility, according to these job descriptions, policies and procedures.

As previously mentioned, the registered nurse must allot a reasonable amount of time for staff members to complete their assignments when care and tasks are delegated. The staff should be able to complete their assignments within the allocated period of time. When an assignment is not done as expected, the delegating nurse should determine why this has occurred and they must take corrective actions to insure task completion.

One of the things that the delegating nurse will want to consider when an assignment is not completed within the allotted time frame is determining whether or not the staff member is organizing their work and using effective time management skills. If the staff member is not using effective time management skills, the nurse must teach and assist the staff member about better time management and priority setting skills.

RELATED NCLEX-RN MANAGEMENT OF CARE CONTENT:

• Advance Directives
• Assignment, Delegation and Supervision (Currently here)
• Case Management
• Client Rights
• Collaboration with Interdisciplinary Team
• Concepts of Management
• Confidentiality/Information Security
• Continuity of Care
• Establishing Priorities
• Ethical Practice
• Informed Consent
• Information Technology
• Legal Rights and Responsibilities
• Performance Improvement & Risk Management (Quality Improvement)

SEE – Management of Care Practice Test Questions

• Recent Posts

Assignment vs Novation: Everything You Need to Know

Assignment vs. novation: What's the difference? An assignment agreement transfers one party's rights and obligations under a contract to another party. 4 min read updated on February 01, 2023

Assignment vs. novation: What's the difference? An assignment agreement transfers one party's rights and obligations under a contract to another party. The party transferring their rights and duties is the assignor; the party receiving them is the assignee. Novation is a mechanism where one party transfers all its obligations and rights under a contract to a third party, with the consent of the original counterparty.

The transfer of a benefit or interest from one party to another is referred to as an assignment. While the benefits can be transferred, the obligation or burden behind the contract cannot be. A contract assignment occurs when a party assigns their contractual rights to a third party. The benefit that the issuing party would have received from the contract is now assigned to the third party. The party appointing their rights is referred to as the assignor, while the party obtaining the rights is the assignee. 

The assignor continues to carry the burden and can be held liable by the assignee for failing to fulfill their duties under the contract. Purchasing an indemnity clause from the assignee may help protect the assignor from a future liability. Unlike notation, assignment contracts do not annul the initial agreement and do not establish a new agreement. The original or initial contract continues to be enforced. 

Assignment contracts generally do not require the authorization from all parties in the agreement. Based on the terms, the assignor will most likely only need to notify the nonassigning party.

In regards to a contract being assignable, if an agreement seems silent or unclear, courts have decided that the contract is typically assignable. However, this does not apply to personal service contracts where consent is mandatory. The Supreme Court of Canada , or SCC, has determined that a personal service contract must be created for the original parties based on the special characteristics, skills, or confidences that are uniquely displayed between them. Many times, the courts need to intervene to determine whether an agreement is indeed a personal service contract.

Overall, assignment is more convenient for the assignor than novation. The assignor is not required to ask for approval from a third party in order to assign their interest in an agreement to the assignee. The assignor should be aware of the potential liability risk if the assignee doesn't perform their duties as stated in the assigned contract.

Novation has the potential to limit future liabilities to an assignor, but it also is usually more burdensome for the parties involved. Additionally, it's not always achievable if a third party refuses to give consent.

It's essential for the two parties in an agreement to appraise their relationship before transitioning to novation. An assignment is preferential for parties that would like to continue performing their obligations, but also transition some of their rights to another party.

A novation occurs when a party would like to transfer both the benefits and the burden within a contract to another party. Similar to assignment, the benefits are transferred, but unlike assignment, the burden is also transferred. When a novation is completed, the original contract is deleted and is replaced with a new one. In this new contract, a third party is now responsible for the obligations and rights. Generally, novation does not cancel any past obligations or rights under the initial contract, although it is possible to novate these as well.

Novation needs to be approved by both parties of the original contract and the new joining third party. Some amount of consideration must also be provided in the new contract in order for it to be novated, unless the novation is cited in a deed that is signed by all parties to the contract. In this situation, consideration is referring to something of value that is being gained through the contract.

Novation occurs when the purchaser to the original agreement is attempting to replace the seller of an original contract. Once novated, the original seller is released from any obligation under the initial contract. The SCC has established a three-point test to implement novation. The asserting party must prove:

• The purchaser accepts complete liability
• The creditor to the original contract accepts the purchaser as the official debtor, and not simply as a guarantor or agent of the seller
• The creditor to the original contract accepts the new contract as the replacement for the old one

Also, the SSC insisted that if a new agreement doesn't exist, the court would not find novation unless the precedence was unusually compelling.

If you need help determining if assignment vs. novation is best for you, you can  post your job  on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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