The Assignment of Contractual Rights 2nd edition by Gregory Tolhurst ISBN 1849463328 978-1849463324
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ISBN 10: 1849463328
ISBN 13: 978-1849463324
Author: Gregory Tolhurst
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.
The Assignment of Contractual Rights 2nd Table of contents:
Part 1: Introduction
1. Introduction
(a) General
(b) Structure of the Book
(c) Some Limitations
2. A Brief History of Assignment
(a) Introduction
(b) Choses in Action
(c) Assignment of Choses in Action
(d) Conclusion
Part 2: The Nature of Assignment
3. Assignment and the Concept of Transfer
(a) Introduction
(b) Meaning of Assignment
(i) Introduction
(ii) Assignment Distinguished from Other Transactions
(c) Assignment as Transfer
(d) The Element of Intention
(i) Introduction
(ii) Outright Assignments and Security Assignments
(iii) Equitable Charges
(iv) Declarations of Trust
(e) The Requirement of a Proprietary Right
(f) Assignment and Privity of Contract
4. Equitable Assignments
(a) Introduction
(b) Equitable Assignment of Equitable Interests
(c) Equitable Assignment of Legal Interests Assignable at Law
(i) Introduction
(ii) The Character of an Equitable Assignment of a Legal Right
(iii) Notice and Joinder
(d) Equitable Assignment of Legal Interests Not Assignable at Law
(e) Assignment of Future Interests
5. Statutory or Legal Assignments
(a) Introduction
(b) The Procedural View
(c) The Substantive View
(d) Conclusion
(e) Personal Property Securities in Australia
Part 3: Assignment of Contractual Rights
6. Assignable Contractual Rights
(a) Introduction
(b) The Requirement of a Chose in Action
(i) Contractual Rights as Choses in Action
(ii) Contractual Rights as Property Rights
(iii) Ownership of Contractual Rights
(c) The Requirement of Present Property
(i) Introduction
(ii) The Distinction Between Present Rights and Future Property
(iii) Dealings in Conditional, Contingent and Unconditional Contractual Rights
(d) Division and Separation of Contractual Rights
(e) Restrictions on the Assignment of Contractual Rights
(i) Introduction
(ii) Public Policy Restrictions
(iii) Personal Contractual Rights and Obligations
A. Personal Contractual Rights
B. Personal Obligations
(iv) Contractual Provisions Dealing with Assignment
(v) The Principle of Transfer as it Relates to the Personal Rights Rule and Contractual Provisions Dealing with Assignment
(vi) Assignment and the Variation of the Obligations of the Obligor
(f) Assignment of Contractual Burdens
7. Formalities
(a) Introduction
(b) Intention
(c) Subject Matter
(d) Formalities
(i) Equitable Assignments of Choses in Action; The Assignment of Legal Interests
(ii) Equitable Assignments of Choses in Action; The Assignment of Equitable Interests
(iii) Legal Assignments of Choses in Action
(iv) Assignment of Future Choses in Action
Part 4: The Position of the Parties
8. The Position of the Parties
(a) Introduction
(b) Assignor/Obligor
(c) Assignor/Assignee
(d) Assignee/Obligor
(i) The Rights of the Assignee
(ii) The Rights of the Obligor
(iii) The Rights of the Obligor: Transfer and the Obligor’s Ability to Vary the Contract after Notice of Assignment
(iv) The Rights of the Obligor: Transfer and the Obligor’s Defences Against the Assignor to which the Assignee is Subject
(v) The Rights of the Obligor: Unconscionable Conduct and the Obligor’s Defences Against the Assignor to which the Assignee is Subject
(vi) Counterclaims
(e) Successive Assignments
(f) Insolvency
(g) Controlling the Discretion of the Obligor
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