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详细
Assignment is a crucial topic in commercial law, and this new work by Gregory Tolhurst is the most comprehensive work on the assignment of contractual rights ever published. It seeks to explain the existence, meaning and application of the rules governing the assignment of contractual rights and it does this by reference to the idea that assignments involve transfers.
The book is logically structured to follow the issues that arise in planning, drafting and enforcing an assignment, including:
- what is meant by 'assignment';
- what is 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.
The topic of assignment is of such universal importance to commercial lawyers that all practicing lawyers will find this work invaluable. However, the work will also be required reading for academics teaching contract, equity and personal property.
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Greg Tolhurst is a Senior Lecturer in Law at the University of Sydney, where he is a director of the Parsons Centre for Commercial, Corporate and Taxation Law. He is also a consultant to the Sydney law firm Freehills.
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…it should always be consulted — read carefully, slowly and repeatedly — by any practitioner facing an assignment problem…this work achieves an unusual level of distinction and value. 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.
J D Heydon
Sydney Law Review
Vol 30, 169, March 2008
...all the detail one might expect...It is unashamedly black-letter in approach, with a good dose of hard-core doctrinal theory…for anyone needing to be sure that they have all the authorities on a given point, it must be Tolhurst.
Andrew Tettenborn
Lloyd's Maritime and Commercial Law Quarterly
Part 4, Nov 2007
The Assignment of Contractual Rights is comprehensive in its scope, does not shirk from grappling with the (numerous) hard questions in this area, and at all times is clear and direct in its style…this book (like others from this publisher) is pleasantly affordable and beautifully produced. This book should be a primary resource for any non-trivial question concerning assignments. There is now a gap in the libraries of all readers of this Journal; it should be filled at once.
Mark Leeming SC
Journal of Contract Law, Vol 23/04
March 2007
…an indispensable addition to the library of all commercial lawyers. As the financial markets become more sophisticated, so will the need grow for 'packaging' and on-selling obligations. When that activity generates inevitable questions, Tolhurst is available to provide a firm basis for confident advice.
Lee Aitken
Australian Bar Review, Vol 29/02
2007
…Tolhurst's scholarly - and thus critical - approach is commendable. He has asked more penetrating questions of the law of assignment than any before anywhere in the Commonwealth.
Ross Gilbert Anderson
The Edinburgh Law Review
Vol. 11, Issue 3, September 2007
This text is…not only welcome but well overdue…the author meticulously examines the rules relating to the assignment of contractual rights and each of the major cases which have considered and applied these rules…an invaluable tool to any commercial lawyer. Students of law will also appreciate both the content and the manner in which the subject matter of the work has been presented.
Anthony Lo Surdo
Australian Banking and Finance Law Bulletin
Vol 23, No 1, May/June 2007
