Understanding the Law of Assignment

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

C. H. Tham (Author)

9781009045247, Cambridge University Press

Paperback / softback, published 10 June 2021

521 pages, 3 tables
22.9 x 15 x 2.7 cm, 0.76 kg

'Chee Ho Tham has here produced a remarkably well-written, erudite and thoroughly informative work, and in addition a very distinct accretion to the scholarship on assignment. I recommend it without hesitation to commercial and obligations lawyers alike.' Andrew Tettenborn, Lloyd's Maritime and Commercial Law Quarterly

The practical importance of intangible personalty such as debt, bonds, equities, futures, derivatives and other financial instruments has never been greater than it is today. The same may be said of interests in intellectual property. Yet the assignment of these intangible assets from one to another remains difficult to understand. Assignments are often taken to operate as a form of transfer akin to conveyances of legal titles to tangible personalty. However, this conception does not accurately reflect the law of assignment as it has developed in the caselaw in England and Wales. This book sets out a different model of the workings of assignments as a matter of English law, one that provides an analytical, yet historically sensitive, framework which allows us to better understand how, and why, assignments work in the way the cases tell us they do.

Part I. Introduction: 1. Introduction
2. A conceptual account of equitable and statutory assignments
Part II. The Model: 3. Invariability
4. Different models of equitable assignment
5. Misconceptions
6. Combination
Part III. Joinder: 7. Joinder of assignor in equitable proceedings
8. Joinder of assignor in proceedings at common law
9. Equitable assignments of legal choses and non-joinder of the assignor
Part IV. Notice: 10. Giving notice of equitable assignments and its effect on competing assignees: the 'rule' in Dearle V. Hall
11. Knowledge of assignment: substantive effects in equity between obligor and assignor
12. Knowledge of assignment: procedural avoidance in equity and by statute of 'equities' or 'defences'
Part V. Statutes: 13. 'Statutory' assignments under Law of Property Act 1925, Section 136(1)
14. Statutory dealings in specific classes of intangible assets
Part VI. Consequences: 15. Why it matters.

Subject Areas: Property law [LNS], Intellectual property law [LNR], Contract law [LNCJ]