Abstract

http://ssrn.com/abstract=987120
 
 

Footnotes (102)



 


 



Assignment of Contractual Rights: The Apparent Reformulation of the Personal Rights Rule


Greg Tolhurst


University of Sydney - Faculty of Law; Centre for International Finance and Regulation (CIFR)


Australian Bar Review, Vol. 29, No. 1, pp. 4-26, 2007
Sydney Law School Research Paper No. 07/31

Abstract:     
It is a fundamental rule of assignment that personal contractual rights cannot be assigned. It is also well settled that whether or not a right is personal is an issue of construction. However, there is a view that greater assignability should be fostered by doing away with the personal rights rule and allowing a right to be assigned if there is no good objective reasoning for disallowing the assignment. Under this model, assignment is allowed if there is a benefit to the assignor and no real harm to the obligor. This approach blurs the line between the personal rights rule and the separate rule that an obligor is to be no worse off by reason of an assignment. There have been statements in recent Australian cases that appear to adopt this approach. This article looks at those cases and assesses the impact of such a move.

Number of Pages in PDF File: 24

Keywords: Contract, assignment, operation of the personal rights rule

JEL Classification: K12, K10, K40

Accepted Paper Series


Download This Paper

Date posted: May 18, 2007  

Suggested Citation

Tolhurst, Greg, Assignment of Contractual Rights: The Apparent Reformulation of the Personal Rights Rule. ; Sydney Law School Research Paper No. 07/31. Available at SSRN: http://ssrn.com/abstract=987120

Contact Information

Greg Tolhurst (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Centre for International Finance and Regulation (CIFR) ( email )
Level 7, UNSW CBD Campus
1 O'Connell Street
Sydney, NSW 2000
Australia

Feedback to SSRN


Paper statistics
Abstract Views: 1,592
Downloads: 263
Download Rank: 65,456
Footnotes:  102

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.328 seconds