The Law of Assignment

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Marcus Smith, QC (High Court Judge, High Court Judge, High Court, Chancery Division) Nico Leslie (Barrister, Barrister, Fountain Court Chambers)

The Law of Assignment

Marcus Smith, QC (High Court Judge, High Court Judge, High Court, Chancery Division), Nico Leslie (Barrister, Barrister, Fountain Court Chambers)

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Hardback

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English

Oxford University Press
08 March 2018

Commercial law; Bankruptcy & insolvency; Insurance law; Intellectual property law

The Law of Assignment is the leading text on the law relating to intangible property or choses in action. Its clear and approachable structure covers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action and equitable rights), considering the nature of intangible property, how it comes into being and how it is transferred or assigned.

The first part of the book analyses the general principles regarding intangibles and their transfer, and the second examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases and intellectual property under the law.

The third edition includes new chapters on powers of attorney and factoring, areas particularly important to legal practice. Other significant developments include the expansion of the chapter on leases to include leasing of chattels, and more material on securities, especially regarding the operation of settlement systems.

By: Marcus Smith QC (High Court Judge High Court Judge High Court Chancery Division), Nico Leslie (Barrister, Barrister, Fountain Court Chambers)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 3rd Revised edition
Dimensions: Height: 249mm, Width: 177mm, Spine: 60mm
Weight: 1.858kg
ISBN: 9780198748434
ISBN 10: 0198748434
Pages: 1024
Publication Date: 08 March 2018
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction PART I THE NATURE OF INTANGIBLE PROPERTY Overview of Part I 2: Nature and Characteristics of Intangibles 3: Rights or Causes of Action 4: Debts 5: Rights Under a Contract 6: Securities 7: Intellectual Property 8: Leases 9: Documentary Intangibles and Negotiable Instruments PART II THE TRANSFER OF INTANGIBLE PROPERTY Overview of Part II 10: Transfer of Choses in Action: Historical Overview 11: Conceptual Underpinnings 12: Negotiation and the Transfer of Money 13: Assignment of Choses in Action 14: Transfer of Choses in Action on Trust 15: Promises to Assign or Create a Trust 16: Assignments Under Section 136 of the Law of Property Act 1925 PART III TRANSFERS IN PARTICULAR CONTEXTS Overview of Part III 17: Transfer of Insurance Contracts 18: Transfer of Leases 19: The Transfer of Equity and Debt Securities 20: Transfer of Intellectual Property PART IV INTANGIBLE PROPERTY THAT IS INCAPABLE OF TRANSFER Overview of Part IV 21: Assignment of Burdens 22: Intangibles Not Transferable by Reason of Public Policy 23: The Assignment of Bare Rights to Litigate: Champerty and Maintenance 24: Personal Obligations 25: Prohibitions on Assignment PART V THE EFFECTS OF ASSIGNMENT, THE PERSISTENCE OF PROPERTY RIGHTS, AND THE VINDICATION OF AN OWNER S RIGHTS Overview of Part V 26: Consequences and Effects of an Assignment 27: Priorities and the Loss of Title 28: Extinction of Intangible Property 29: Vindication of an Owner s Rights PART VI SPECIAL REGIMES FOR TRANSFER Overview of Part VI 30: Insolvency and Assignment 31: Involuntary Transfers PART VII SECURITY 32: Security over Intangibles PART VIII CONFLICT OF LAWS 33: Assignment and the Conflict of Laws

The Honourable Mr Justice Marcus Smith is a Justice of the High Court (Chancery Division). Prior to taking the bench in 2016, he built up extensive experience of commercial practice as a barrister at Fountain Court Chambers, and he was made silk in 2010. Nico Leslie is a barrister at Fountain Court Chambers. He is a leading junior in the field of commercial litigation.