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Marcus Smith was educated at Balliol College, Oxford (BA 1988, BCL 1990; MA 1992) and the University of Munich. He was called to the Bar in 1991, and has been in practice at Fountain Court ever since. He specialises in all aspects of commercial law, but in particular insurance, reinsurance and banking. He was a lecturer in law at Balliol College (1991-1994), teaching contract, tort and constitutional law.
Table of Contents
Part I: Choses in Action and their Nature
2. Nature and Characteristics of Choses in Action
3. Classification and Creation of Choses in Action
4. Contracts for the Benefit of Third Parties
Part II: The Transfer of Choses in Action
5. Transfer of Choses in Action: Historical Overview
6. Conceptual Underpinnings
7. Assignment of Choses in Action
8. Transfer of Choses in Action on Trust
9. Promises to Assign or Create a Trust
10. Assignments Under S136 of the Law of Property Act 1925
Part III: Consequences and Effects of Assignments
11. Unassignable Choses
12. Consequences and Effects of an Assignment: the Rule That the Debtor Shall Not be Prejudiced by the Assignment
13. Insolvency and Assignment
15. Involuntary Assignments
Part IV: Assignments in Particular Contexts
16. Debts and Money
18. Insurance Contracts
20. Intellectual Property
21. Security Over Choses in Action
22. Rights or Causes of Action
Part V: Conflict of Laws
23. Conflict of Laws