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Law of Assignment The Creation and Transfer of Choses in Action
By
Marcus Smith
Description
- The only book to provide a full-length treatment of this difficult topic
- Detailed analysis of the principles at common law, in equity, and under statute
- Full consideration of assignment in all appropriate areas (debt finance, mergers and acquisitions, securities, insurance, and intellectual property)
Law of Assignment is a comprehensive analysis of the assignment of choses in action. The book begins with an analysis of the wide range of choses recognized by English law, and a consideration of their distinct features. It goes on, after a brief historical overview, to consider the various ways in which English law gives effect to assignments. The effects of valid and invalid assignments are set out, and choses that cannot be assigned described, as well as the difficult question of priorities.
Thereafter, assignment is considered in particular contexts (security and insolvency) and the specific rules applicable to the assignment of particular choses are gone through (shares; insurance contracts; intellectual property; documentary intangibles). Lastly, assignment is dealt with in the context of conflict of laws.
Although the book seeks to give an insight into the principles that underpin assignment, a major strength of the book is that it deals specifically with the peculiarities of the various different choses in action recognized by English law. Lawyers involved in debt finance, mergers and acquisitions, factoring, shares, insurance, or intellectual property will all find this book useful and structured to their needs.
Readership: Barristers and solicitors (both private practice and in-house) involved in questions of assignment through their commercial law practices. This will involve a range of different disciplines including those advising on: debts; rights under a contract; shares; and intellectual property. It should find a place on most practitioners shelves who have a significant involvement in the transfer of intangible property. Academics and law libraries will also be interested in this work.
Authors, editors, and contributors
Marcus SmithBCL, MA (Oxon) of Lincolns Inn, Barrister
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