Buch, Englisch, 450 Seiten
ISBN: 978-0-414-03351-1
Verlag: Sweet & Maxwell
Description for the 1st edition:
Guest on the Law of Assignment:
• 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
• Covers key case law, including:
o Dearle v Hall (1828) on priorities between competing assignees
o Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd (1994) on prohibition of assignment
o Pan Ocean Shipping Co Ltd v Credit Corp Ltd (1994) on position of the assignee
o 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
Guest
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Guest on the Law of Assignment:
• 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
• Covers key case law, including:
o Dearle v Hall (1828) on priorities between competing assignees
o Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd (1994) on prohibition of assignment
o Pan Ocean Shipping Co Ltd v Credit Corp Ltd (1994) on position of the assignee
o 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
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