The Assignment Of Contractual Rights

Author : Gregory J. Tolhurst
Publisher : Bloomsbury Publishing
Page : 545 pages
File Size : 42,6 Mb
Release : 2016-06-16
Category : Law
ISBN : 9781509902439

Get Book

The Assignment of Contractual Rights by Gregory J. Tolhurst Pdf

This book explains 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', 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 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.

Author : Greg Tolhurst
Publisher : Unknown
Page : 478 pages
File Size : 47,7 Mb
Release : 2006
Category : Assignments (Law)
ISBN : 1472559894

Get Book

The Assignment of Contractual Rights by Greg Tolhurst Pdf

Assignment is a crucial topic in commercial law, and this new work by Gregory Tolhurst is the most comprehensive work on the assignment of contractual rights ever published. It seeks to explain the existence, meaning and application of the rules governing the assignment of contractual rights and it does this by reference to the idea that assignments involve transfers. The book is logically structured to follow the issues that arise in planning, drafting and enforcing an assignment, including:. - what is meant by 'assignment';. - what is the distinction between legal and equitable assignments.

Author : Khai Ying Liew
Publisher : Unknown
Page : 450 pages
File Size : 41,9 Mb
Release : 2018-10-31
Category : Electronic
ISBN : 0414062752

Get Book

Guest on the Law of Assignment by Khai Ying Liew Pdf

Author : Axel Flessner,H. L. E. Verhagen
Publisher : sellier. european law publ.
Page : 143 pages
File Size : 50,6 Mb
Release : 2006
Category : Accounts receivable loans
ISBN : 9783866530089

Get Book

Assignment in European Private International Law by Axel Flessner,H. L. E. Verhagen Pdf

The assignment of contractual rights is of immense importance for the world of business and finance. Never before have assignments taken place on such a large scale as is the case in the contemporary securitisation market. Many receivables-based financial transactions, such as securitisations, are cross-border transactions. It is therefore often crucial to determine which law governs the proprietary aspects of assignment. The European Commission has, in its "proposal for a regulation on the law applicable to contractual obligations," formulated a new conflict rule referring the enforceability of an assignment against third parties to the law of the assignor's residence. This book demonstrates how the solution which has been adopted by the Commission is inadequate for receivables-based cross-border transactions. The authors argue that a cross-border assignment should, instead, be governed by the law chosen by the assignor and the assignee and, in the absence of a choice, by the law applicable to the assigned claim. The most important policy behind the Commission's conflict rule, i.e. that the assignor's creditors should be able to look to the assignor's law for registration requirements, can be realized in subtler ways, in particular by means of a special conflict rule for public filing systems. The Annexes contain the full texts of the Commission's Proposal, the UN Convention on the Assignment of Receivables, and Chapter 11 of the Principles of European Contract Law (Assignment of Claims).

Author : Jason W. Neyers,Richard Bronaugh,Stephen G.A. Pitel
Publisher : Bloomsbury Publishing
Page : 450 pages
File Size : 45,7 Mb
Release : 2009-05-14
Category : Law
ISBN : 9781847315113

Get Book

Exploring Contract Law by Jason W. Neyers,Richard Bronaugh,Stephen G.A. Pitel Pdf

In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada

Author : Robert Merkin
Publisher : Taylor & Francis
Page : 867 pages
File Size : 50,8 Mb
Release : 2013-07-24
Category : Law
ISBN : 9781317912378

Get Book

Privity of Contract: The Impact of the Contracts (Right of Third Parties) Act 1999 by Robert Merkin Pdf

Privity of Contract offers a unique perspective of how the Contracts (Rights of Third Parties) Act 1999 works in practice. Issues covered include: the operation of the doctrine of privity prior to its repeal; the scope and impact of the 1999 Act; and the operation of the 1999 Act in the most important commercial contexts to which it is applicable. It also incorporates discussion and the text of the Law Commission reports, whose proposals produced the bill that ultimately passed into law.

Author : Cynthia M. Adams,Peter K. Cramer
Publisher : Aspen Publishing
Page : 387 pages
File Size : 41,8 Mb
Release : 2020-02-02
Category : Law
ISBN : 9781543820898

Get Book

A Practical Guide to Drafting Contracts by Cynthia M. Adams,Peter K. Cramer Pdf

From concept to closure, A Practical Guide to Drafting Contracts provides detailed instruction for drafting contracts. Moreover, it teaches readers how to adapt existing contracts and forms to the specific needs of their client--as is frequently done by lawyers in legal practice. Step-by-step instruction and examples unpack the purpose of each provision for a wide range of contracts and integrate the basic principles that apply to both domestic and international transactions. Practice exercises further develop students’ drafting skills, as well as their working knowledge of the language and syntax of contract law. New to the Second Edition: Enhanced coverage of negotiating and drafting contracts in the United States Mind-mapping exercises that help learners think deeply about key contract provisions and their effect on other important aspects of the contract New contract simulations and drafting exercises Clear signposting of text and exercises specifically written for non-native speakers Professors and students will benefit from: Step-by-step instruction through the entire drafting process In-depth explanations and helpful examples Insights into the strategic decisions behind drafting contracts Hands-on exercises that: Raise awareness of commonly occurring contract provisions Encourage use of phrasing appropriate to audience and purpose Build familiarity with the legal principles of contracts Provide practice modifying forms and contracts drafted by other parties Discussion of U.S. law regarding key contract provisions and drafting issues Online Student Resources including: Additional exercises A wealth of sample APA contracts, Consulting Agreements, and Distribution Contracts that students are encouraged to mine for appropriate language and provisions in the process of drafting new contracts

Author : Charles G. Addison
Publisher : Unknown
Page : 686 pages
File Size : 50,9 Mb
Release : 1849
Category : Electronic
ISBN : BSB:BSB10563470

Get Book

A Treatise on the Law of Contracts and Rights and Liabilities Ex Contractu by Charles G. Addison Pdf

Author : Colin Blackburn Baron Blackburn
Publisher : Unknown
Page : 380 pages
File Size : 54,9 Mb
Release : 1845
Category : Contracts
ISBN : BL:A0020238068

Get Book

A Treatise on the Effect of the Contract of Sale by Colin Blackburn Baron Blackburn Pdf

Author : Anonim
Publisher : Unknown
Page : 1028 pages
File Size : 53,8 Mb
Release : 1895
Category : Law reports, digests, etc
ISBN : MINN:31951002535901H

Get Book

Law Reports of the Incorporated Council of Law Reporting by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 1026 pages
File Size : 48,7 Mb
Release : 1895
Category : Law reports, digests, etc
ISBN : OSU:32437121385146

Get Book

The Law Reports of the Incorporated Council of Law Reporting by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 684 pages
File Size : 44,9 Mb
Release : 1895
Category : Law reports, digests, etc
ISBN : STANFORD:36105062843573

Get Book

The Times Law Reports and Commercial Cases by Anonim Pdf

Author : Gabriel Moens
Publisher : Routledge
Page : 544 pages
File Size : 43,8 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135315368

Get Book

International Trade and Business Law Review by Gabriel Moens Pdf

The ITBLA is the official publication of the Australian Institute of Foreign and Comparative Law.

Author : Marcus Smith
Publisher : Unknown
Page : 928 pages
File Size : 51,7 Mb
Release : 2013
Category : Electronic
ISBN : 0191630837

Get Book

Law of Assignment by Marcus Smith Pdf

This new edition of The Law of Assignment provides a comprehensive treatment of the law relating to intangible property or choses in action. It considers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action and equitable rights). The book considers the nature of intangible property, how it comes into being and how it is transferred or assigned. It considers the consequences of transfer, including whatproperty cannot be transferred and the difficult question of priorities. The book's approach is both analytical and pr.

Author : Mo Zhang
Publisher : BRILL
Page : 388 pages
File Size : 52,7 Mb
Release : 2005-12-30
Category : Law
ISBN : 9789047417972

Get Book

Chinese Contract Law - First Edition by Mo Zhang Pdf

This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.