The Assignment of Contractual Rights
By: Greg Tolhurst
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.
AI Overview
"The Assignment of Contractual Rights" by Greg Tolhurst is a comprehensive legal text that delves into the intricacies of contractual assignments. Here is a detailed overview of the book:
Key Themes
- Existence and Meaning of Assignment: The book explores the fundamental concept of assignment, explaining what it means and how it applies in various legal contexts.
- Legal and Equitable Assignments: It distinguishes between legal and equitable assignments, providing a detailed analysis of the differences and implications of each.
- Identifying Assignable Contractual Rights: The text examines how an assignable contractual right is identified, including the conditions and criteria that must be met.
- Formalities of Assignment: The book discusses the formalities required for a valid assignment, including any necessary documentation or notice.
- Rights and Remedies: It covers the rights and remedies available to the parties involved in an assignment, including potential disputes and legal actions.
Plot Summary
The book does not have a narrative plot but rather a structured approach to explaining the rules governing the assignment of contractual rights. It is organized in a way that makes it accessible to both students and practitioners, focusing on the essential concepts and their practical applications.
Critical Reception
The book has received positive reviews for its clarity and comprehensive coverage of the subject matter. Here are some excerpts from critical reception:
Hon JD Heydon's Review: The Hon JD Heydon, a prominent legal scholar, praised the book in 2008, stating that 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" .
Updated Edition: The second edition of the book has been updated to reflect recent developments in contract law, ensuring that it remains a relevant and authoritative resource for legal professionals and students .
Editions
The book has been published in at least two editions. The first edition laid the foundation for understanding the rules governing the assignment of contractual rights, while the second edition updates and retains the structure of the first, providing a more current and comprehensive guide to the subject .
In summary, "The Assignment of Contractual Rights" by Greg Tolhurst is a seminal work in contract law that provides a thorough examination of the rules governing the assignment of contractual rights. Its critical reception highlights its importance as a resource for both teaching and practical application in the field of contract law.