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The Law Of Assignment

Author: Marcus Smith
Publisher: Oxford University Press, USA
ISBN: 9780199284368
Size: 53.50 MB
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Part I: Choses in action and their nature -- Part II: The transfer of choses in action -- Part III: Consequences and effects of assignments -- Part IV: Assignments in particular contexts -- Part V: Conflict of laws.

The Law Of Assignment

Author: Marcus Smith QC
Publisher: OUP Oxford
ISBN: 9780199585083
Size: 48.53 MB
Format: PDF, Kindle
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This new edition provides a comprehensive treatment of the law relating to intangible property or choses in action (debts, contract rights, securities, intellectual property, leases, rights/causes of action and equitable rights), including new material on rights or causes of action and the taking of security over intangibles.

Title And Title Conflicts In Respect Of Intermediated Securities Under English Law

Author: Wenwen Liang
Publisher: Cambridge Scholars Publishing
ISBN: 1443852090
Size: 10.51 MB
Format: PDF
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This book examines property issues in respect of intermediated securities under English law, namely title and title conflicts between a true owner and a purchaser. Intangible book entry securities held with an intermediary, often commingled with the holdings of other clients of the intermediary, often give rise to uncertainty in property rights in the securities of an investor under most legal systems, for example, whether property rights can be established and how title conflicts are dealt with. This book identifies the flexible framework of English property law for establishing property rights over commingled intangibles, in particular through trusts; establishes the policy of priority rules as of comparing the merits of rights and preferring a vested right of a true owner over a subsequent purchaser, particularly a vested right under fiduciary relations. The book works towards the conclusion that, given the general principle of English property law for vested rights, title conflicts may be tilted towards purchasers in a mild rather than a radical way, by introducing a good faith purchaser rule to intermediated securities or leaving it to judicial discretion where an estoppel might work in favour of a purchaser. This book is suitable for lawyers, officials and academics in the field of intermediated securities, as well as trust, property and financial regulation.

Exploring Contract Law

Author: Jason W. Neyers
Publisher: Bloomsbury Publishing
ISBN: 1847315119
Size: 69.76 MB
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In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada

The Principles Of Personal Property Law

Author: Duncan Sheehan
Publisher: Bloomsbury Publishing
ISBN: 1509901345
Size: 34.60 MB
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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.

Yearbook Of Islamic And Middle Eastern Law

Author: Eugene Cotran
Publisher: BRILL
ISBN: 9004144447
Size: 74.85 MB
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Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publication's practical features include: - articles on current topics, - country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.

The Assignment Of Contractual Rights

Author: Gregory J. Tolhurst
Publisher: Bloomsbury Publishing
ISBN: 1509902422
Size: 77.64 MB
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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 Modern Law Of Contract

Author: Richard Stone
Publisher: Psychology Press
ISBN: 9781859418826
Size: 21.87 MB
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The Modern Law of Contractbuilds on the success of the popular Principlesof Contract Law. Taking account of a variety of theoretical approaches: economic, sociological and empirical, the book combines meticulous examination of authorities and commentary with a modern and contextual approach. The range of material covered, combined with an accessible style, means that this book meets the needs of all undergraduate contract courses, enabling students to gain a profound understanding of this pivotal field. It will also be useful for students studying contract law as part of another discipline.

Trading In Legal Claims

Author: Vickie Waye
Size: 51.92 MB
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This book provides a critical analysis of law and policy issues regarding possible future markets for trading in legal claims. The cost of litigation significantly impedes access to justice. Permitting potential plaintiffs to sell their legal claims to litigation entrepreneurs who can deal with claim prosecution efficiently would provide a means of redressing the imbalance that exists between legal costs, risks and claim values. However, the well-entrenched doctrines of maintenance and champerty prohibit legal claim assignment, primarily on the grounds that it would amount to the commodification of justice. The advent of litigation funding and its acceptance on access to justice grounds by Australian courts and, to a lesser extent, the UK and US judiciaries has challenged the status quo. Together with other measures, such as the introduction of conditional fee agreements, the resistance to full claim alienability has been significantly weakened.This book reviews the current positions in Australia, UK and US regarding claim alienability and provides a comparative analysis of the divergent paths that have developed in relation to matters such as litigation funding, conditional fee agreements and legal costs insurance, all of which portend towards claim commodification. The author examines regulatory options that would be required to ensure that claim holders in any future legal claim market are protected from exploitation and that the market operates fairly and efficiently, such as statutory and common law restrictions regarding unconscionability and misleading and deceptive conduct, licensing, mandatory disclosures, cooling off and default contractual terms. The book reviews costs and abuse of process issues that markets for legal claims may create and analyses conflicts of interest that may arise between claimholders, lawyers and entrepreneurs and how these may be resolved. The author concludes that legal claim markets are justified on both policy and efficiency grounds as a means of improving access to justice.

Business Law

Author: R. G. Lawson
Publisher: Routledge
ISBN: 0750625708
Size: 40.61 MB
Format: PDF, ePub
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First Published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.