Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


This book is now Out of Print.
A new edition has been published, the details can be seen here:
Guest on the Law of Assignment 2nd ed isbn 9780414033511

Guest on the Law of Assignment

Image not available lge

ISBN13: 9780414024649
New Edition ISBN: 9780414033511
Published: August 2012
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



Guest on the Law of Assignment provides a thorough statement of the law of voluntary assignment relating to debt, contractual rights, guarantees, and deals with insurance, shares and intellectual property. It includes, for each issue or topic, the authority that supports the legal principle.

It goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions.

  • Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements
  • Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose
  • Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants
  • Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company
  • Analyses the problems associated with priorities, including those between competing assignees
  • Considers special priority rules and variation of priorities
  • Establishes defences available to the obligor under assignments subject to equities
  • Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
  • Looks at situations where there is assignment of obligations or liabilities
  • Addresses conflict of laws issues

Image not available lge
Subjects:
Contract Law, Commercial Law
Contents:
1.THE NATURE OF ASSIGNMENT
Definition of Assignment
Choses in Action
Examples of Choses in Action
Requirements for Assignment
Assignment and Other Transactions
2. ASSIGNMENTS UNDER SECTION 136 OF THE LAW OF PROPERTY ACT 1925
3. EQUITABLE ASSIGNMENTS AND AGREEMENTS TO ASSIGN
Equitable Assignment of an Equitable Chose
Equitable Assignments of a Legal Chose
Agreements to Assign
Form
Consideration
Notice to the Debtor or Obligor
4. RESTRICTIONS ON ASSIGNMENT
Contractual Terms prohibiting Assignment
Assignments prohibited by Statute or Public Policy
Assignment of Personal Contracts and Covenants
Assignments which adversely affect the Obligor
5. VALIDITY OF ASSIGNMENT AGAINST CREDITORS AND SUCCESSORS IN TITLE OF THE ASSIGNOR
Creditors of the Assignor
Trustee in Bankruptcy of the Assignor
Liquidator of Assignor Company
Personal Representatives of Assignor
6. PRIORITIES
Priorities between Competing Assignees
Priorities between Competing Holders of Interests in Shares
Priorities between an Assignee and a Chargee under a Charge created by a Company
Special Priority Rules
Variation of Priorities
7. ASSIGNMENT SUBJECT TO EQUITIES: DEFENCES AVAILABLE TO THE OBLIGOR
Defences that impeach the Existence or Enforceability of the chose in Action Assigned;
Set-off
Right of Retainer
8. FINANCING DEVICES INVOLVING ASSIGNMENT
Financing of Receivables
Factoring
Block Discounting
Asset Securitization
Debt Purchase and Collection
9. ASSIGNMENT OF OBLIGATIONS OR LIABILITIES
10. CONFLICT OF LAWS
Article 14
Transactions outside Article 14.