Chapter XIV Assignment Of Contracts
Description
This section is from the book "The Law Of Contracts", by Samuel Williston. Also available from Amazon: Treatise on the Law of Contracts.
Chapter XIV Assignment Of Contracts
404 | |
Choses in action were not assignable in the early common law........ | 405 |
Exceptions to the non-assignability of choses in action......... | 406 |
Distinction between assignment of rights and assignment of duties......... | 407 |
Enforcement of rights by power of attorney................... | 408 |
Inadequacy of a power of attorney to protect the assignee............... | 409 |
Equitable protection of assignments...................... | 410 |
Assignment of duties............... | 411 |
412 | |
What contractual rights may be assigned............... | 413 |
Assignment of future rights............................. | 414 |
A contract of option is assignable..................... | 415 |
Assignability of right to subscribe to stock............ | 416 |
Other assignments of right which are opposed to public policy...... | 417 |
Assignable bilateral contracts................. | 418 |
Personal responsibility in bilateral contracts as preventing assignment..... | 419 |
What is called an assignment may be an offer of novation................ | 420 |
Non-assignable bilateral contracts.............. | 421 |
Express prohibition of assignment............... | 422 |
Express permission of assignment................ | 423 |
What amounts to assignment..................... | 424 |
Orders upon a debtor, unless directing payment on account of a particular debt are not assignments.............. | 425 |
Whether an unconditional order or bill of exchange may ever be an assignments............... | 426 |
Orders on a drawee to pa when he has collected.................. | 427 |
Promises to assign or to pay out of a particular fund are not assignments.... | 428 |
Whether promisee to assign or to pay out of a fund create equitable liens... | 429 |
Formalities requisite for assignment........................ | 430 |
Construction of assignment..................... | 431 |
432 | |
Notice to the debtor as affecting the assignee's right against him.......... | 433 |
Notice to the debtor as affecting the assignee's right against the assignor's creditors..................... | 434 |
Notice to the debtor as affecting the mutual rights of successive assignees.. | 435 |
Notice to the assignee............ | 436 |
What amounts to notice............... | 437 |
Whether the assignee is subject to equities of third persons............... | 438 |
Gifts of tangible choses in action.................. | 439 |
Gifts of intangible choses in action.................. | 440 |
Partial assignments.............. | 441 |
A partial assignment gives the assignee no right to sue at law............. | 442 |
Rights of partial assignee in equity and under codes.............. | 443 |
Rights of the debtor to settle with his creditor in spite of partial assignment.... | 444 |
Implied warranties of the assignor.............. | 445 |
Procedure............... | 446 |
Distinction between legal and equitable rights.............. | 446 |
Whether the assignee's right is legal or equitable................... | 447 |
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