An Introduction to Assignment of Things in Action
- Podcast Location:
- Download it here [file size: 30.1 MB]
- Categories:
-
Commercial Law
- CPD Points:
- Up to 1 point. details »
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast aims to introduce listeners (or refresh where appropriate) about the complex rules of assignment. It will address the various distinctions between a legal, equitable and statutory assignment and the practical effects of each. This podcast will also look at the restrictions on the right to assign, both as a matter of general law and also by the parties to an agreement.
- Outcomes:
- After completing the course you will:
- Understand what an assignment is;
- Understand how an assignment can be effected;
- Be aware of the legal restrictions on the ability to assign a chose in action;
- Understand the distinction between a legal and equitable assignment and be aware of the features of both;
- Understand the respective rights, liabilities and defences of the parties before and after an assignment;
- Be aware of the various contractual means to prevent assignment;
- Understand the role of the ancient rules on maintenance and champerty in relation to assignment.
- Level:
- General Interest
- Classification:
-
Introduction
Legal Principles
- Sources and References:
-
- Re Vandervell's Trusts (No 2) [1974] Ch 269;
- Law of Property Act 1925 ss 53(1)(c), 136;
- Don King Productions Inc v Frank John Warren and others [1998] EWCA Civ 1794;
- Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd [1993] UKHL 4;
- Barbados Trust Company Limited v (1) Bank of Zambia (2) Bank of America N.A. [2007] EWCA Civ 148;
- Trendtex Trading Corp v Credit Suisse [1982] AC 679.
This podcast is about the rules of assignment, what can be assigned, how and what restriction are there on the right to assign?
Podcast last reviewed: 2011-03-28
