A Case for Interfering with Freedom of Contract? An Empirically-Informed Study of Bans on Assignment

25 Pages Posted: 23 Oct 2015

See all articles by Hugh Beale

Hugh Beale

Warwick School of Law

Louise Gullifer

University of Cambridge - Faculty of Law

Sarah Paterson

London School of Economics - Law Department

Date Written: October 21, 2015

Abstract

Do "bans on assignment" of trade receivables cause serious problems with receivables financing? Should Government render them ineffective? Two empirical investigations suggest that though there are good reasons for using BoAs, they cause disproportionate problems to SMEs needing to factor their debts, and there is a good case for intervention.

Keywords: Ban on assignment clauses, receivables financing, SME financing

Suggested Citation

Beale, Hugh and Gullifer, Louise and Paterson, Sarah, A Case for Interfering with Freedom of Contract? An Empirically-Informed Study of Bans on Assignment (October 21, 2015). Oxford Legal Studies Research Paper No. 56/2015, Available at SSRN: https://ssrn.com/abstract=2677321 or http://dx.doi.org/10.2139/ssrn.2677321

Hugh Beale

Warwick School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
+44 2476-573844 (Phone)
+44 2476-524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/beale

Louise Gullifer (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

HOME PAGE: http://https://www.law.cam.ac.uk/people/academic/l-gullifer/78501

Sarah Paterson

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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