Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

4 results

  • 2 - A Conceptual Account of Equitable and Statutory Assignments

  • from Part I - Introduction
  • C. H. Tham, Singapore Management University
  • Book:
    Understanding the Law of Assignment
    Published online:
    10 October 2019
    Print publication:
    17 October 2019, pp 16-30

  • Summary

    This chapter summarises the principal argument of the book, that equitable assignment is a sui generis institution developed by the courts of Equity, and which has two principal effects. One, a ‘trust’ effect, and the other, an unusual ‘agency’ effect. This chapter also briefly explains Wesley Hohfeld'seight fundamental jural relations which will be applied in the analysis of the law in the following chapters.

  • 1 - Introduction

  • from Part I - Introduction
  • C. H. Tham, Singapore Management University
  • Book:
    Understanding the Law of Assignment
    Published online:
    10 October 2019
    Print publication:
    17 October 2019, pp 3-15

  • Summary

    This chapter sets out the scope and principal claims of the book. It also introduces the major competing conceptions of assignment as are applied outside of Engand and Wales, briefly noting the differences in approach taken in Scotland, some major European jurisdictions, and also in the United States.

  • PROHIBITIONS ON ASSIGNMENT: A CHOICE TO BE MADE

  • G.J. Tolhurst, J.W. Carter
  • Journal:
    The Cambridge Law Journal / Volume 73 / Issue 2 / July 2014
    Published online by Cambridge University Press:
    19 May 2014, pp. 405-434
    Print publication:
    July 2014

  • In recent years two views have developed as to the efficacy of prohibitions on the assignment of contractual rights. One view, “the property view”, dictates that such prohibitions characterise contractual rights as choses in action and robs them of their transferable nature. Another view, “the contract view”, dictates that such prohibitions operate only at the level of contract and cannot prevent the equitable assignment of the benefit of a contract. Both views have judicial and academic support. The view that is ultimately adopted will have important implications for contract drafting and the law of assignment. This paper explains both views and puts forward an argument for adopting the property view.