Rethinking assignability

Macmahon, Paul ORCID: 0000-0003-3386-0667 (2020) Rethinking assignability. Cambridge Law Journal, 79 (2). pp. 288-314. ISSN 0008-1973

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Abstract

When should a contractual right be assignable to a non-party? English law’s answer to this question is complex, and many of its rules are difficult to justify. In some respects, the law appears unreasonably pro-assignment, whereas sometimes it denies assignability to rights that should be assignable. This article contends that, in developing the law of assignability, the judiciary and Parliament have relied on a series of dubious ideas that deviate from the law’s usual approach to contracts, and the current law rests partly on intuitive policy rationales that do not withstand scrutiny. The main aim of the article is to propose a new framework for thinking about the law of assignability that is more closely aligned with general ideas about contract law.

Item Type:	Article
Official URL:	https://www.cambridge.org/core/journals/cambridge-...
Additional Information:	© 2000 Cambridge Law Journal and Contributors
Divisions:	Law
Subjects:	K Law > K Law (General)
Date Deposited:	15 Oct 2020 11:51
Last Modified:	16 Apr 2024 23:24
URI:	http://eprints.lse.ac.uk/id/eprint/106993

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