The Assignment of Contractual Rights
The Assignment of Contractual Rights

Author: Gregory J. Tolhurst

Publisher: Bloomsbury Publishing

Published: 2016-06-16

Total Pages: 545

ISBN-13: 1509902430

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This book explains the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition, focusing on what is meant by 'assignment', 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. In reviewing the first edition, The Hon JD Heydon said 'it is essential reading for ... teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted-read carefully, slowly and repeatedly-by any practitioner facing an assignment problem. ... 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' (2008) 30 Sydney Law Review 169.

Understanding the Law of Assignment
Understanding the Law of Assignment

Author: C. H. Tham

Publisher: Cambridge University Press

Published: 2019-10-17

Total Pages: 523

ISBN-13: 1108475280

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Explains how intangible assets such as contractual debts or equitable entitlements may be assigned under English law.

Exploring Contract Law
Exploring Contract Law

Author: Jason W Neyers

Publisher: Bloomsbury Publishing

Published: 2009-05-14

Total Pages: 462

ISBN-13: 1847315119

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In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada

English and European Perspectives on Contract and Commercial Law
English and European Perspectives on Contract and Commercial Law

Author: Louise Gullifer

Publisher: Bloomsbury Publishing

Published: 2014-10-23

Total Pages: 1152

ISBN-13: 1782255192

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The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.

Trusts and Modern Wealth Management
Trusts and Modern Wealth Management

Author: Richard C. Nolan

Publisher: Cambridge University Press

Published: 2018-05-31

Total Pages: 609

ISBN-13: 1107170494

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New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.

Construction Law Handbook
Construction Law Handbook

Author: Thomas Telford Limited

Publisher: Thomas Telford

Published: 2007

Total Pages: 1052

ISBN-13: 9780727734853

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A legal reference on construction law that offers guidance for professionals and addresses the important construction law issues.

Availability of Credit and Secured Transactions in a Time of Crisis
Availability of Credit and Secured Transactions in a Time of Crisis

Author: N. Orkun Akseli

Publisher: Cambridge University Press

Published: 2013-12-12

Total Pages: 327

ISBN-13: 110765517X

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In the light of the financial crisis, it has become clear that the globalisation of financial markets has not been matched by the globalisation of legal certainty relating to financial transactions. The ability to give security influences not only the cost of credit but also, in some cases, whether credit will be available at all. Increasing the availability and lowering the cost of credit can make an important contribution to international and domestic economic development. Assessing the international challenges posed by inefficient secured credit laws, this book explores how these can be overcome to facilitate credit through legal reforms. Leading authorities in the field address the key issues surrounding the availability of credit, the role of banks in economic development and financial crises, UNCITRAL's legislative efforts, and international organisations and financial institutions and their involvement in the reform of secured transactions law.

Contract Law in New Zealand
Contract Law in New Zealand

Author: Stephen Todd

Publisher: Kluwer Law International B.V.

Published: 2017-10-20

Total Pages: 200

ISBN-13: 9041189319

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in New Zealand covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in New Zealand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Modern Studies in Property Law - Volume 7
Modern Studies in Property Law - Volume 7

Author: Nicholas Hopkins

Publisher: Bloomsbury Publishing

Published: 2013-07-31

Total Pages: 502

ISBN-13: 1782251804

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This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.