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; - 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. The topic of assignment is of such universal importance to commercial lawyers that all practicing lawyers will find this work invaluable. However, the work will also be required reading for academics teaching contract, equity and personal property.
Rezensionen / Stimmen
...it should always be consulted - read carefully, slowly and repeatedly - by any practitioner facing an assignment problem...this work achieves an unusual level of distinction and value. 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. J D Heydon Sydney Law Review Vol 30, 169, March 2008 ...all the detail one might expect...It is unashamedly black-letter in approach, with a good dose of hard-core doctrinal theory...for anyone needing to be sure that they have all the authorities on a given point, it must be Tolhurst. Andrew Tettenborn Lloyd's Maritime and Commercial Law Quarterly Part 4, Nov 2007 The Assignment of Contractual Rights is comprehensive in its scope, does not shirk from grappling with the (numerous) hard questions in this area, and at all times is clear and direct in its style...this book (like others from this publisher) is pleasantly affordable and beautifully produced. This book should be a primary resource for any non-trivial question concerning assignments. There is now a gap in the libraries of all readers of this Journal; it should be filled at once. Mark Leeming SC Journal of Contract Law, Vol 23/04 March 2007 ...an indispensable addition to the library of all commercial lawyers. As the financial markets become more sophisticated, so will the need grow for 'packaging' and on-selling obligations. When that activity generates inevitable questions, Tolhurst is available to provide a firm basis for confident advice. Lee Aitken Australian Bar Review, Vol 29/02 2007 ...Tolhurst's scholarly - and thus critical - approach is commendable. He has asked more penetrating questions of the law of assignment than any before anywhere in the Commonwealth. Ross Gilbert Anderson The Edinburgh Law Review Vol. 11, Issue 3, September 2007 This text is...not only welcome but well overdue...the author meticulously examines the rules relating to the assignment of contractual rights and each of the major cases which have considered and applied these rules...an invaluable tool to any commercial lawyer. Students of law will also appreciate both the content and the manner in which the subject matter of the work has been presented. Anthony Lo Surdo Australian Banking and Finance Law Bulletin Vol 23, No 1, May/June 2007
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Produkt-Hinweis
mit Schutzumschlag (bedruckt)
Illustrationen
black & white illustrations
Maße
Höhe: 234 mm
Breite: 156 mm
Dicke: 42 mm
Gewicht
ISBN-13
978-1-84113-586-1 (9781841135861)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Greg Tolhurst is a Senior Lecturer in Law at the University of Sydney, where he is a director of the Parsons Centre for Commercial, Corporate and Taxation Law. He is also a consultant to the Sydney law firm Freehills.
Preface PART 1: INTRODUCTION 1.Introduction (a) General (b) Structure of Book (c) Some Limitations 2.A Brief History of Assignment (a) Introduction (b) Choses in Action (c) Assignment of Choses in Action (d) Conclusion PART 2: THE NATURE OF ASSIGNMENT 3.Assignment and the Concept of Transfer (a) Introduction (b) Meaning of Assignment (i) Introduction (ii) Assignment distinguished from other transactions (c) Assignment as Transfer (d) The Element of Intention (i) Introduction (ii) Outright assignment and security assignments (iii) Equitable charges (iv) Declarations of trust (e) The Requirement of a Proprietary Right (f) Assignment and Privity of Contract 4. Equitable Assignments (a) Introduction (b) Equitable Assignment of Equitable Interests (c) Equitable Assignment of Legal Interests Assignable at Law (i) Introduction (ii) The character of an equitable assignment of a legal right (iii) Notice and joinder (d) Equitable Assignment of Legal Interests Not Assignable at Law (e) Assignment of Future Interests 5. Statutory or Legal Assignments (a) Introduction (b) The Procedural View (c) The Substantive View (d) Conclusion PART 3: ASSIGNMENT OF CONTRACTUAL RIGHTS 6. Assignable Contractual Rights (a) Introduction (b) The Requirement of a Chose in Action (i) Contractual rights as choses in action (ii) Contractual rights as property rights (iii) Ownership of contractual rights (c) The Requirement of Present Property (i) Introduction (ii) The distinction between present and future property (iii) Dealings in conditional, contingent and unconditional contractual rights (d) Division and Separation of Contractual Rights (e) Restrictions on the Assignment of Contractual Rights (i) Introduction (ii) Public policy restrictions (iii) Personal contractual rights and obligations A. Personal contractual rights B. Personal obligations (iv) Contractual provisions dealing with assignment (v) The principle of transfer as it relates to the personal rights rule and contractual provisions dealing with assignment (vi) Assignment may not vary the obligations of the obligor (f) Assignment of Contractual Burdens 7. Formalities (a) Introduction (b) Intention (c) Subject Matter (d) Formalities (i) Equitable assignments of choses in action; the assignment of legal interests (ii) Equitable assignments of choses in action; the assignment of equitable interests (iii) Legal assignments of choses in action (iv) Assignment of future contractual rights PART 4:THE POSITION OF THE PARTIES 8. The Position of the Parties (a) Introduction (b) Assignor/Obligor (c) Assignor/Assignee (d) Assignee/Obligor (i) The rights of the assignee (ii) The rights of the obligor (iii) The rights of the obligor: Transfer and the obligor's ability to vary the contract after notice of assignment (iv) The rights of the obligor: Transfer and the obligor's defences against the assignor to which the assignee is subject (v) The rights of the obligor: Unconscionable conduct and the obligor's defences against the assignor to which the assignee is subject (vi) Counterclaims (e) Successive Assignments (f) Insolvency (g) Controlling the Discretion of the Obligor
