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Guest On The Law Of Assignment
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Book Synopsis Guest on the Law of Assignment by : Anthony Gordon Guest
Download or read book Guest on the Law of Assignment written by Anthony Gordon Guest and published by Sweet & Maxwell. This book was released on 2012 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action.
Book Synopsis Understanding the Law of Assignment by : C. H. Tham
Download or read book Understanding the Law of Assignment written by C. H. Tham and published by Cambridge University Press. This book was released on 2019-10-17 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how intangible assets such as contractual debts or equitable entitlements may be assigned under English law.
Book Synopsis GUEST ON THE LAW OF ASSIGNMENT. by : DR YING KHAI. LIEW
Download or read book GUEST ON THE LAW OF ASSIGNMENT. written by DR YING KHAI. LIEW and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Guest on the Law of Assignment by : Anthony Gordon Guest
Download or read book Guest on the Law of Assignment written by Anthony Gordon Guest and published by . This book was released on 2015 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide for the non-contentious commercial lawyer, this book provides a "cradle to grave" view of transactions relating to the supply of goods and services. The core of the book deals with pre-contractual issues and the formation of the relevant contracts, then moves on to discharge of contractual obligations. Finally, defective performance is covered. The book comes with a CD-rom of precedents.
Book Synopsis The Assignment of Contractual Rights by : Gregory J. Tolhurst
Download or read book The Assignment of Contractual Rights written by Gregory J. Tolhurst and published by Bloomsbury Publishing. This book was released on 2016-06-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Contract Law written by Neil Andrews and published by Cambridge University Press. This book was released on 2015-05-14 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: Significantly streamlined and updated, the second edition of Andrews' Contract Law now provides a clear and succinct examination of all of the topics in the contract law curriculum. Chapters direct students to the most important decisions in case law and employ a two-level structure to integrate short judicial excerpts into detailed discussion and analysis. Exploration of the law's 'loose ends' strengthens students' ability to effectively analyse case law, and new end-of-chapter questions, which focus on both core aspects of the law and interesting legal loopholes, assist students in preparing for exams. Students are guided through chapter material by concise chapter overviews and a two-colour text design that highlights important chapter elements. Suggestions for further reading and a rich bibliography, which point readers to important pieces of contemporary literature and provide a springboard for deeper investigation of particular topics, lend further support for student learning.
Book Synopsis The Bill of Lading by : Frank Stevens
Download or read book The Bill of Lading written by Frank Stevens and published by Routledge. This book was released on 2017-12-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The carriage of goods by sea starts off with a contract of carriage, an essentially simple and straightforward contract between two parties, the shipper and the carrier. Very often, however, a bill of lading is issued and a third party appears on the scene: the holder of the bill of lading. The holder was not involved in the making of the contract of carriage, but does have rights, and possibly obligations, against the carrier at destination. The question then is how the third-party holder of the bill acquires those rights and obligations. Analysing the different theories that have been proposed to explain the position of the third party holder, this book makes a distinction between contractual theories and non-contractual theories to explain the holder's position. Contractual theories build on the initial contract of carriage and apply contract law mechanisms while non-contractual theories construe the position of the third-party holder independently. Following the analysis and appraisal of the different theories, this book makes the case that the position of the third-party holder of the bill of lading is not obvious or self-evident; and submits that a statutory approach to the position of the holder of the bill of lading has advantages and would be preferable.
Book Synopsis The Modern Doctrines of Champerty and Maintenance by : Rachael Mulheron
Download or read book The Modern Doctrines of Champerty and Maintenance written by Rachael Mulheron and published by Oxford University Press. This book was released on 2023-06-21 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: As torts and as crimes, champerty and maintenance were abolished by statute in England and Wales in 1967. They were considered to be obsolete and the product of a bygone age, when abuses of the court system as practised by rich and powerful noblemen required a robust legal response. A modern, sophisticated, and independent judiciary rendered it unnecessary either to punish or to compensate for champerty or maintenance any longer. However, post-1967, their impact was retained via a 'reservation provision', which ensures that any contract tainted by champerty or maintenance 'is to be treated as contrary to public policy or otherwise illegal.' Fast forward five decades to the present day, and whilst maintenance has arguably reached its use-by date in English law, the same cannot be said of its more aggressive cousin. Champerty, as a doctrine, retains considerable modern impact in this jurisdiction, stalking the modern funding and civil procedure landscape. It continues to have greatest impact in two areas: the funding of litigation, and the assignments of causes of action. The Modern Doctrines of Champerty and Maintenance looks comparatively at jurisdictions' attitudes towards champerty and maintenance, together with an analysis of law reform studies in the area, both in England and elsewhere.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis The Law of Security and Title-Based Financing 4e by : Louise Gullifer
Download or read book The Law of Security and Title-Based Financing 4e written by Louise Gullifer and published by Oxford University Press. This book was released on 2024-11-07 with total page 1137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges and pledges as well as so-called 'quasi-security') on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid. This fourth edition has been updated to incorporate recent political and legal developments, including Brexit. The 'Edinburgh Reforms', which have followed the United Kingdom's exit from the European Union, promise a thorough overhaul of the consumer credit regime. The Retained EU Law (Revocation and Reform) Act 2023 potentially affects the interpretation of EU assimilated law, including the Financial Collateral Arrangements (No2) Regulations (FCARs). This edition further assesses the implications of the Business Contract Terms (Assignment of Receivables) Regulations 2018, taking pledges over electronic documents of title in the light of the Electronic Trade Documents Act 2023, the outlawing of 'ipso facto' clauses by the Corporate Insolvency and Governance Act 2020, and the reduced scope of the EU Insolvency Regulation. The treatment of insolvency matters within the framework of the Cape Town Convention is also considered, as are recent cases on pledges of bills of lading when the carrier no longer has possession of the goods, the distinction between fixed and floating charges, equitable liens and the right of appropriation of financial collateral. There is a full discussion of the taking of security over digital assets and the relevance of the FCARs. The only full-length treatment covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, The Law of Security and Title-Based Financing is a frequently-cited and indispensable reference work both for practitioners and academics.
Book Synopsis The Principles of Personal Property Law by : Duncan Sheehan
Download or read book The Principles of Personal Property Law written by Duncan Sheehan and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.
Book Synopsis The Law of Ship Mortgages by : David Osborne
Download or read book The Law of Ship Mortgages written by David Osborne and published by CRC Press. This book was released on 2016-09-13 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thought to be the most comprehensive guide to English law relating to ship mortgages, the second edition of The Law of Ship Mortgages has been highly anticipated. This fully-updated and complete explanation provides practitioners with a practical, commercially-based, and definitive guide to the English law of ship mortgages as well as important related areas such as conflict of laws and insolvency. The authors, being seasoned practitioners themselves, bring their practical experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, conflicts of laws, work-outs and cross border insolvency. New to this edition: In-depth analysis of noteworthy cases such as The WD Fairway litigation, PK Airfinance v Alpstream, and Tropical Reefer and Anton Durbeck v DNB Enhanced coverage of issues such as security interests in ships, priority, and third party involvement Completely revised and reordered content, to better reflect practitioner needs Written with practitioners in mind, this new edition will be extremely useful to legal professionals working in any jurisdiction that is involved in international ship finance, as well as post-graduate students and academics.
Book Synopsis The Assignment of Contractual Rights by : Gregory J. Tolhurst
Download or read book The Assignment of Contractual Rights written by Gregory J. Tolhurst and published by Bloomsbury Publishing. This book was released on 2016-06-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Chitty on Contracts, 31st edition volumes 1 & 2 by :
Download or read book Chitty on Contracts, 31st edition volumes 1 & 2 written by and published by Sweet & Maxwell. This book was released on with total page 2943 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 2 by : Jan H Dalhuisen
Download or read book Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 2 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 851 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 2 deals with the transnationalisation of contract; movable and intangible property law; and the transformation of the models of contract and movable property in commercial and financial transactions between professionals in the international flow of goods, services, money, information, and technology. In this transnational legal order, the emphasis in the new law merchant or modern lex mercatoria of contract and movable property turns to risk management, asset liquidity, and transactional and payment finality. Common law and civil law concepts are compared and future directions indicated. The potential, effects, and challenges of the blockchain are noted, so far especially for the carriage of goods by sea. All three volumes may be purchased separately or as part of a single set.
Book Synopsis Commercial Contract Law and Arbitration by : Mads Andenas
Download or read book Commercial Contract Law and Arbitration written by Mads Andenas and published by Taylor & Francis. This book was released on 2024-04-30 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade. Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate. Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.
Download or read book Equity Today written by Ben McFarlane and published by Bloomsbury Publishing. This book was released on 2023-06-29 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has 'fused' with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.
