Synopsis
This title provides comprehensive guidance on the voluntary assignment of things in action, covering various aspects such as the nature of assignment, equitable assignments, restrictions, priorities, liabilities, and conflicts of law. The clear and concise commentary allows you to find statements of law and supporting authorities for each issue, similar to titles like Chitty on Contracts. Key topics include: - Definition and examples of choses in action, requirements for assignment, and the relationship of assignment with other transactions. - Law of assignment under section 136 of the Law of Property Act 1925. - Equitable assignment and agreements to assign, including equitable and legal choses. - Restrictions on assignment, covering contractual terms, statute or public policy prohibitions, and personal contracts. - Position of creditors, trustees in bankruptcy, personal representatives, and company liquidators. - Issues with priorities, including competing assignees, interests in shares, and variations in priority rules. - Defenses available to the obligor under assignments subject to equities, including set-off and right of retainer. - Financing devices like factoring, block discounts, and securitisation. - Situations involving assignment of obligations or liabilities. The fifth edition has been thoroughly updated, including new discussions on whether a contract reflects a single chose in action or a bundle, distinctions between an intention to assign and contractual intention, and whether the debtor or obligor can view the assignment.
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