A conceptual account of equitable and statutory assignments -- Invariability -- Different models of equitable assignment -- Combination -- Joinder of assignor in proceedings at common law -- Equitable assignments of legal choses and non-joinder of the assignor -- Giving notice of equitable assignments and its effect on competing assignees : the 2018 rule in Dearle v. Hall -- Knowledge of assignment : substantive effects in equity between obligor and assignor -- Knowledge of assignment : procedural avoidance in equity and by statute of equities; or defences -- Statutory assignments under law of Property Act 1925, Section 136(1) -- Statutory dealings in specific classes of intangible assets -- Why it matters.
Summary:
The practical importance of intangible personalty such as debt, bonds, equities, futures, derivatives and other financial instruments has never been greater than it is today. The same may be said of interests in intellectual property. Yet the assignment of these intangible assets from one to another remains difficult to understand. Assignments are often taken to operate as a form of transfer akin to conveyances of legal titles to tangible personalty. However, this conception does not accurately reflect the law of assignment as it has developed in the caselaw in England and Wales. This book sets out a different model of the workings of assignments as a matter of English law, one that provides an analytical, yet historically sensitive, framework which allows us to better understand how, and why, assignments work in the way the cases tell us they do.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.