“A contractual right can be treated as an asset and transferred to a non-party. But when are contractual rights transferable? The answer to this question is mainly provided by the law of assignment. In two articles published this year, I argue that Anglo-American law on the question of assignability is affected by dubious assumptions, tending mainly to make rights assignable that should be non-assignable. The first article, ‘Contract Law’s Transferability Bias,’ surveys US law on the question. The other, ‘Rethinking Assignability,’ covers the equivalent body of English law …” (more)
[Paul MacMahon, Oxford Business Law Blog, 18 December]
First posted 2020-12-18 05:27:21
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