Cover of The Law of Assignment

The Law of Assignment

The Creation and Transfer of Choses in Action

By: Marcus Smith

ISBN: 9780199284368

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.

Format: BOOK
Publisher: Oxford University Press, USA
Pages: N/A
Published: 2007
Language: en

AI Overview

Comprehensive Overview of "The Law of Assignment" by Marcus Smith

Key Themes:

  • Intangible Property: The book focuses on the law relating to intangible property, including debts, rights under contract, securities, intellectual property, leases, rights/causes of action, and equitable rights.
  • Transfer and Assignment: It explores the nature of intangible property, how it comes into being, and how it is transferred or assigned.
  • Practical Considerations: The book examines practical considerations related to specific types of intangibles, such as securities, insurance contracts, leases, and intellectual property under the law.
  • Legal Practice: New chapters on powers of attorney and factoring are included, highlighting their importance in legal practice. The chapter on leases has been expanded to include the leasing of chattels, and there is more material on securities, particularly regarding the operation of settlement systems.

Plot Summary: The book is structured into three main sections:

  1. General Principles: The first part of the book analyzes the general principles regarding intangibles and their transfer.
  2. Practical Considerations: The second part examines the practical considerations relating to particular types of intangibles, including securities, insurance contracts, leases, and intellectual property under the law.
  3. Specialized Topics: The third edition includes new chapters on powers of attorney and factoring, which are crucial in legal practice. The chapter on leases has been expanded to include the leasing of chattels, and there is more material on securities, especially regarding the operation of settlement systems.

Critical Reception: While specific reviews are not provided in the sources, the book is described as the leading text on the law of intangible property and choices in action. Its clear and approachable structure is highlighted as a key feature, making it a valuable resource for legal professionals and students alike. The inclusion of new chapters and expanded material on significant topics such as leasing and securities operations suggests that the book is well-regarded for its comprehensive coverage and practical insights.

Authors:

  • Marcus Smith: 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: Nico Leslie is a barrister at Fountain Court Chambers. He is a leading junior in the field of commercial litigation.

Publication Details:

  • Publication Date: July 4, 2018
  • ISBN: 9780198748434
  • Publisher: Oxford University Press
  • Format: Hardcover and eBook
  • Pages: 976 pages

Overall, "The Law of Assignment" by Marcus Smith and Nico Leslie is a seminal work in the field of intangible property law, providing a comprehensive and practical guide for legal professionals and students.