Explains the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action
Covers the requirements for assignment; and the relationship of assignment and other transactions
Provides a thorough statement of the law of voluntary assignment including, for each issue, the authority that supports it
Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose
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, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company
Considers special priority rules and variation of priorities
Looks at situations where there is assignment of obligations or liabilities
Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer
Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
Covers key cases in this area of law and their implications
Addresses conflict of laws, centring on the law applicable to contractual obligations under Article 14 “the Rome I Regulation”, as well as Transactions outside Article 14
Covers key case law, including:
Dearle v Hall (1828) on priorities between competing assignees
Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd (1994) on prohibition of assignment
Pan Ocean Shipping Co Ltd v Credit Corp Ltd (1994) on position of the assignee
Raiffeisen Zentralbank Osterreich AG v Five Star General Trading LLC (2001) as indicative of the correct interpretation of Article 14 of Regulation (EU) 593/2008
Written in the Common Law Library style so you can find a statement of the law and the authority that supports it
Eminent author who is a former General Editor of Chitty on Contracts and Benjamin’s Sale of Goods
