Home > Commercial Law > Guest & Liew on the Law of Assignment
EMAIL THIS PAGE TO A FRIEND
Email Page to a Colleague
(* Denotes required field)
* Colleague’s email address
 
 
* Your email address
 
 
* Subject
 
Message
The selected product information will be included in the email.
The email addresses you provide will not be used for any other purpose. You can view a detailed privacy statement here.
Your email has been sent.

Guest & Liew on the Law of Assignment

Guest & Liew on the Law of Assignment
5th Edition
Practice Area:  Commercial Law, Contract Law
ISBN:  9780414119789
Published by:  Sweet & Maxwell
Publication Date:  30 Jun 2024
Format:  eBook - ProView
Click to read more about Thomson Reuters ProView
PRODUCT INCLUDES:
eBook - ProView
PRE-ORDER
£290.00
TOTAL:
Enter a promotion code if you have one. Note: discount applied at Checkout Review Section
Promotion code:

PRODUCT DESCRIPTION

This title provides you with all the guidance you need on the law governing the voluntary assignment of things in action. It covers the nature of assignment, equitable assignments, restrictions, priorities, liabilities, conflict of law and more. The commentary is clear and concise and follows the approach of titles such as Chitty on Contracts – enabling you to find a statement of law and, for each issue or topic, the authority that supports it.

  • Defines assignment before outlining and giving examples of choses in action, detailing the requirements for assignment and looking at the relationship of assignment and other transactions.
  • Examines the law of assignment under section 136 of the Law of Property Act 1925.
  • Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose.
  • Deals with restrictions on assignment and covers contractual terms forbidding assignment, prohibition by statute or public policy and personal contracts and covenants.
  • Discusses the position of creditors, trustees in bankruptcy and personal representatives of the assignor and the liquidator of an assignor company.
  • Analyses the problems associated with priorities including those between competing assignees, competing holders of interests in shares and an assignee and a chargee under a charge created by a company.
  • Considers special priority rules and variation of priorities.
  • Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer.
  • Reviews available financing devices, factoring, block discounts and securitisation.
  • Looks at situations where there is assignment of obligations or liabilities.

The fifth edition has been comprehensively updated throughout to ensure you have the latest guidance at your fingertips. Key changes include new discussions on whether a contract reflects a single chose in action or a bundle of choses and an examination of the distinctions between an intention to assign and contractual intention. It also addresses whether the debtor or obligor has a right to sight the assignment.

Other new features of this edition include:

  • Additional new commentary on the redaction of documents relied on in court; the effects of backdating an assignment; the doctrine of relation on the assignee’s interest before the chose is assigned; whether termination of a contract affects a non-assignment clause; and priority between beneficiary under a trust and assignee of the trustee.
  • Expanded commentary on relief by way of interpleader; agreements to assign an existing chose in the future; form of writing for equitable assignments of equitable choses; prohibitions on assignment; marshalling; abatement; and equitable set-off.
  • Updated with new UK case law including: Promontoria (Oak) Ltd v Emanuel [2021] EWCA Civ 1682, [2022] 1 WLR 2004; Hudson v Hathway [2022] EWCA Civ 1648, [2023] K.B. 345; Farrar (Deceased) v Miller [2021] EWHC 1950 (Ch); Farrar v Miller [2022] EWCA Civ 295; Re Smith [2021] EWHC 1272 (Comm); LA Micro Group (UK) Ltd v LA Micro Group Inc [2023] EWCA Civ 214, [2024] Ch. 1; Phoenix Group Foundation v Harbour Fund II LP [2023] EWCA Civ 36; Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5; and Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd [2022] EWHC 3275 (TCC), 206 Con. L.R. 40
  • Relevant cases from other jurisdictions including: Re O'Hara-Tucker [2022] VSC 572 (Australia); Billabong Gold Pty Ltd v Vango Mining Ltd (No. 2) [2023] WASCA 58 (Australia); Winland Finance Ltd v Gain Hero Finance Ltd [2022] HKCFA 3 (Hong Kong); and Gravitas International Associates Pte Ltd v Invictus Group Pte Ltd [2022] SGHC 2 (Singapore).

If you’re interested in firmwide or multiple user access to this title on ProView then please contact us directly to discuss what options are available.

AVAILABLE ONLINE

Thomson Reuters Westlaw UKCLEAR. CLEVER. CONCISE

This title is also available on Westlaw UK, so that you can access it anywhere, anytime.

Having online access to the books you trust through Westlaw UK can add a whole new dimension to how you work with the commentary and guidance found across the breadth of our titles.

Westlaw UK's smart navigation, links to primary law in combination with the expertise within our portfolio of books providing you with a seamless, coherent, and integrated research experience every time you need to refer to the text.

Having access to your book through Westlaw means:

Enhanced contents pages

  • Find what you’re looking for with ease, with content displayed clearly in easy-to-read tables
  • Print, download or email entire chapters or sections using tick boxes by content sets
  • Choose the way you view content sets with collapsible and expandable sections

Firm-wide availability

  • Everyone has access, at all times

Links to primary law

  • Jump directly to the authority you need with links to cases, legislation and journals

You can print/download/email

  • Print, download and email your documents quickly, for use offline or to share with colleague

Access chapter PDFs

  • Download chapters as they appear in print, ready for presentation in court

Supplement PDFs

  • Download whole supplements to a main edition in PDF, ready for court

PDF supplement navigation

  • Browse PDFs with ease using navigational aids and links within the document

A-Z indexing

  • Browse directly to the letter you wish to search, without having to navigate long documents

Tables

  • View tables of cases and legislation referred to it the text sorted alphabetically, and link directly to them

Pop-up footnotes

  • View footnotes alongside the text and avoid the need to refer to the end of documents

Call 0345 600 9355 or contact us to find out more.

back to top
Must Haves