The Law of Assignment (3rd edition)

ISBN : 9780198748434

Marcus Smith; Nico Leslie
976 ページ
171 x 246 mm

The Law of Assignment is the leading text on the law relating to intangible property or choses in action. Its clear and approachable structure covers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action and equitable rights), considering the nature of intangible property, how it comes into being and how it is transferred or assigned.

The first part of the book analyses the general principles regarding intangibles and their transfer, and the second examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases and intellectual property under the law.

The third edition includes new chapters on powers of attorney and factoring, areas particularly important to legal practice. Other significant developments include the expansion of the chapter on leases to include leasing of chattels, and more material on securities, especially regarding the operation of settlement systems.


1 Introduction; PART I THE NATURE OF INTANGIBLE PROPERTY; Overview of Part I; 2 Nature and Characteristics of Intangibles; 3 Rights or Causes of Action; 4 Debts; 5 Rights Under a Contract; 6 Securities; 7 Intellectual Property; 8 Leases; 9 Documentary Intangibles and Negotiable Instruments; PART II THE TRANSFER OF INTANGIBLE PROPERTY; Overview of Part II; 10 Transfer of Choses in Action: Historical Overview; 11 Conceptual Underpinnings; 12 Negotiation and the Transfer of Money; 13 Assignment of Choses in Action; 14 Transfer of Choses in Action on Trust; 15 Promises to Assign or Create a Trust; 16 Assignments Under Section 136 of the Law of Property Act 1925; PART III TRANSFERS IN PARTICULAR CONTEXTS; Overview of Part III; 17 Transfer of Insurance Contracts; 18 Transfer of Leases; 19 The Transfer of Equity and Debt Securities; 20 Transfer of Intellectual Property; PART IV INTANGIBLE PROPERTY THAT IS INCAPABLE OF TRANSFER; Overview of Part IV; 21 Assignment of Burdens; 22 Intangibles Not Transferable by Reason of Public Policy; 23 The Assignment of Bare Rights to Litigate: Champerty and Maintenance; 24 Personal Obligations; 25 Prohibitions on Assignment; PART V THE EFFECTS OF ASSIGNMENT, THE PERSISTENCE OF PROPERTY RIGHTS, AND THE VINDICATION OF AN OWNER S RIGHTS; Overview of Part V; 26 Consequences and Effects of an Assignment; 27 Priorities and the Loss of Title; 28 Extinction of Intangible Property; 29 Vindication of an Owner s Rights; PART VI SPECIAL REGIMES FOR TRANSFER; Overview of Part VI; 30 Insolvency and Assignment; 31 Involuntary Transfers; PART VII SECURITY; 32 Security over Intangibles; PART VIII CONFLICT OF LAWS; 33 Assignment and the Conflict of Laws


The Honourable Mr Justice Marcus Smith is a Justice of the High Court (Chancery Division). Prior to taking the bench in 2016, he built up extensive experience of commercial practice as a barrister at Fountain Court Chambers, and he was made silk in 2010. ; Nico Leslie is a barrister at Fountain Court Chambers. He is a leading junior in the field of commercial litigation.