The Law of Assignment: The Creation and Transfer of Choses in Action

Subjects:
Contract Law
Contents:
1. General introduction
PART I: CHOSES IN ACTION
2. Choses in action
PART II: THE TRANSFER OF CHOSES IN ACTION
3. The English law approach to the transfer of choses in action: overview and history
4. An overview of the complexities involved in transferring a chose in action
5. Assignment of a chose in action
6. Transfer of a chose of action on trust
7. Agreements to transfer
8. Assignments under s136 of the Law of Property Act 1925
9. Contracts (Rights of Third Parties) Act 1999
10. Unassignable choses
11. The effect of a valid assignment
12. Priorities between assignments
13. Consequences of a failed assignment
PART III: ASSIGNMENTS IN PARTICULAR CONTEXTS
14. Assignments by way of security
15. Assignments and insolvency
PART IV: ASSIGNMENTS OF PARTICULAR TYPES OF CHOSE
16. Shares
17. Insurance contracts
18. Intellectual property
19. Documentary intangibles
20. Succession
PART V: PRIVATE INTERNATIONAL LAW
21. Conflicts of law and the law of assignment

ISBN13: 9780199284368
ISBN: 0199284369
Published: June 2007
Publisher: Oxford University Press
Country of Publication: UK
Binding: Hardback
Price: £142.00

The Law of Assignment is a comprehensive analysis of the assignment of choses in action. The book begins with an analysis of the wide range of choses recognised by English law, and a consideration of their distinct features. It goes on, after a brief historical overview, to consider the various ways in which English law gives effect to assignments.

The effects of valid and invalid assignments are set out, and choses that cannot be assigned described, as well as the difficult question of priorities. Thereafter, assignment is considered in particular contexts (security and insolvency) and the specific rules applicable to the assignment of particular choses gone through (shares; insurance contracts; intellectual property; documentary intangibles). Finally, assignment is dealt with in the context of private international law.

Although, the book seeks to give an insight into the principles that underpin assignment, a major strength of the book is that it deals specifically with the peculiarities of the various different choses in action recognised by English law.