Understanding the Law of Assignment
Understanding the Law of Assignment
The practical importance of intangible personalty such as debt, bonds, equities, futures, derivatives and other financial instruments has never been greater than it is today. The same may be said of interests in intellectual property. Yet the assignment of these intangible assets from one to another remains difficult to understand. Assignments are often taken to operate as a form of transfer akin to conveyances of legal titles to tangible personalty. However, this conception does not accurately reflect the law of assignment as it has developed in the caselaw in England and Wales. This book sets out a different model of the workings of assignments as a matter of English law, one that provides an analytical, yet historically sensitive, framework which allows us to better understand how, and why, assignments work in the way the cases tell us they do.
- Extensive application of Hohfeldian terminology and analysis shows how different ways of dealing with intangible assets affect the relationships between the parties dealing in those assets, as well as third parties interacting with those assets
- Provides examples to illustrate how the law on equitable and statutory assignment operates and allows for clearer understanding of the detailed steps in the operation of the law
- Offers extensive and detailed examination of the pre- and post-Supreme Court of Judicature Act 1873 position and reveals how this law has developed
Reviews & endorsements
'Chee Ho Tham has here produced a remarkably well-written, erudite and thoroughly informative work, and in addition a very distinct accretion to the scholarship on assignment. I recommend it without hesitation to commercial and obligations lawyers alike.' Andrew Tettenborn, Lloyd's Maritime and Commercial Law Quarterly
Product details
October 2019Hardback
9781108475280
520 pages
235 × 156 × 29 mm
0.94kg
3 tables
Available
Table of Contents
- Part I. Introduction:
- 1. Introduction
- 2. A conceptual account of equitable and statutory assignments
- Part II. The Model:
- 3. Invariability
- 4. Different models of equitable assignment
- 5. Misconceptions
- 6. Combination
- Part III. Joinder:
- 7. Joinder of assignor in equitable proceedings
- 8. Joinder of assignor in proceedings at common law
- 9. Equitable assignments of legal choses and non-joinder of the assignor
- Part IV. Notice:
- 10. Giving notice of equitable assignments and its effect on competing assignees: the 'rule' in Dearle V. Hall
- 11. Knowledge of assignment: substantive effects in equity between obligor and assignor
- 12. Knowledge of assignment: procedural avoidance in equity and by statute of 'equities' or 'defences'
- Part V. Statutes:
- 13. 'Statutory' assignments under Law of Property Act 1925, Section 136(1)
- 14. Statutory dealings in specific classes of intangible assets
- Part VI. Consequences:
- 15. Why it matters.
