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The Assignment of Contractual Rights, 2nd Edition

The Assignment of Contractual Rights, 2nd Edition

Author: Greg Tolhurst
Publisher: Hart Publishing
ISBN: 9781849463324

Previous Edition ISBN: 9781841135861
Published In: June 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The Assignment of Contractual Rights is a work explaining the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition focusing on what is meant by “assignment”, what is the distinction between legal and equitable assignments, how an assignable contractual right is identified, what formalities apply to assignment and what rights and remedies are available to the parties to an assignment.

In reviewing the first edition The Hon JD Heydon said 'it is essential reading for ... teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted — read carefully, slowly and repeatedly — by any practitioner facing an assignment problem.... It belongs to the tradition which finds the sources of the law in the decisions made by judges in deciding particular cases — a tradition which naturally appeals to those who have to appear before those judges in seeking a resolution to controversies in which their clients have become involved.... Within that broad tradition, however, this work achieves an unusual level of distinction and value. It is not only the best book ever written on its subject, but among the best monographs dealing with legal doctrine published in recent years': (2008) 30 Sydney Law Review 169)

Part 1: Introduction

1. Introduction

2. A Brief History of Assignment

Part 2: The Nature of Assignment

3. Assignment and the Concept of Transfer

4. Equitable Assignments

5. Statutory or Legal Assignments

Part 3: Assignment of Contractual Rights

6. Assignable Contractual Rights

7. Formalities

Part 4: The Position of the Parties

8. The Position of the Parties