Author: Greg Tolhurst Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In recent years, a line of decisions has recognised the legitimacy of prohibitions on assignment. Moreover, and despite holding that the effect of such prohibitions depends on construction, generally, it would appear that whatever words are used, the effect of a prohibition will be to render the attempted assignment ineffective. Nevertheless, it has never been fully explained how such provisions operate at a doctrinal level, that is, how a contractual provision inhibits a person dealing with their right of property. This paper suggests that the explanation lies with the ability of contracting parties to fashion the characteristics of the contractual rights they bring into existence not just in their character as contractual rights but also as choses in action.
Author: Gregory J. Tolhurst Publisher: Bloomsbury Publishing ISBN: 1847312683 Category : Law Languages : en Pages : 542
Book Description
Assignment is a crucial topic in commercial law, and this new work by Gregory Tolhurst is the most comprehensive work on the assignment of contractual rights ever published. It seeks to explain the existence, meaning and application of the rules governing the assignment of contractual rights and it does this by reference to the idea that assignments involve transfers. The book is logically structured to follow the issues that arise in planning, drafting and enforcing an assignment, including: - what is meant by 'assignment'; - what is 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. The topic of assignment is of such universal importance to commercial lawyers that all practicing lawyers will find this work invaluable. However, the work will also be required reading for academics teaching contract, equity and personal property.
Author: Gregory J. Tolhurst Publisher: Bloomsbury Publishing ISBN: 1509902422 Category : Law Languages : en Pages : 544
Book Description
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.
Author: Jason W Neyers Publisher: Bloomsbury Publishing ISBN: 1847315119 Category : Law Languages : en Pages : 462
Book Description
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
Author: Richard C. Nolan Publisher: Cambridge University Press ISBN: 1107170494 Category : Business & Economics Languages : en Pages : 609
Book Description
New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
Author: Louise Gullifer Publisher: Bloomsbury Publishing ISBN: 1782255184 Category : Law Languages : en Pages : 542
Book Description
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.
Author: Stephen Todd Publisher: Kluwer Law International B.V. ISBN: 9403511680 Category : Law Languages : en Pages : 351
Book Description
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.
Author: Nicholas Hopkins Publisher: Bloomsbury Publishing ISBN: 1782251804 Category : Law Languages : en Pages : 502
Book Description
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.
Author: Greg Tolhurst
Author: Gregory J. Tolhurst
Author: Gregory J. Tolhurst
Author: Jason W Neyers
Author: Richard C. Nolan
Author: Louise Gullifer
Author: C. H. Tham
Author: Stephen Todd
Author: Nicholas Hopkins
Author: Thomas Telford Limited