Law Relating to Specific Contracts in Singapore, 2nd Edition is an authoritative reference that covers contractual issues in most common commercial situations that practitioners are likely to encounter in their practice in Singapore.

Its breadth of coverage, scope and detail make it an indispensable treatise on the application of the law of contract in commercial transactions. This new edition includes copious citation of Singapore and foreign case authorities and a careful review of new statutory provisions. This comprehensive reference will continue to be the practitioner's choice for authority and clarity of discussion.

KEY FEATURES:

• Completely up-to-date with new case authorities and legislation.
• Provides clear and accurate statement on the current position of the law
• Written by an expert panel of leading practitioners
• Text has been extensively reviewed and rewritten to provide in-depth analysis that may be confidently relied on
• Contains 3 new chapters - Employment Contracts, Bills of Exchange and Hotel Management Contracts
• Supplemented by detailed index for easy access to the text

First practitioner title in Singapore to focus on the interpretation of contractual terms.

A classic construction law text Keating on Construction Contracts is a first port of call for all research on the history and principles governing building contracts, their practical application and their interpretation by the courts. Renowned for its accessible style, and reliable authority the title covers all relevant legislation and case law, EC law, and the FIDIC, NEC3, JCT Forms of Contracts and ICE Conditions of Contract. The book offers solicitors, barristers and construction professionals detailed and authoritative commentary on all issues relating to construction contracts and presents in depth practical help in a concise style, discussing legal principles, analysing judicial decisions, interrogating standard forms and interpreting legislation. The 12th edition includes: A new chapter dedicated to building safety and defect legislation, updated to explain the key provisions of the new legislation [including the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (SI 2023/909) and of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023] and decisions of the First tier Tribunal and Upper Tribunal (Lands Chamber). An updated and expanded ADR Chapter to explain the effect of Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 regarding the Court’s power to compel parties to mediate their disputesCoverage of the 3rd edition of the TCC Guide 2022. Chapter 21 on JCT has been updated in respect of the Standard Building Contract 2024. Recent TCC, Court of Appeal and Supreme Court decisions including: Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP [2024] UKSC 23 and the decision in Parkwood Leisure Ltd v Laing O'Rourke [2013] BLR 589 was overruled. Canada Square Operations Ltd v Potter [2023] UKSC 41 Benyatov v Credit Suisse (Securities) Europe Limited [2023] EWCA Civ 140 Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185 (TCC) Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 URS Corporation Limited v BDW Trading Limited [2023] EWCA Civ 772

Carver on Bills of Lading offers exhaustive coverage of the nature and uses of bills of lading and associated documents in commercial transactions, negotiations and disputes. Written by two of the foremost commentators on this area of law, the work contains a commentary on the Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules in addition to coverage of the most important recent cases. The title is part of the British Shipping Laws Library. Key features: Offers an in-depth analysis of the use and operation of bills of lading and related documents (such as sea waybills and delivery orders) Discusses the nature of a bill of lading, both as a receipt and as a contractual document Explains the roles of each party to the bill of lading contract Covers the contractual effects that follow a transfer of a bill of lading Examines bills of lading as documents of title Explains how and when third parties can be affected by bills of lading Analyses the Hague and Hague-Visby Rules for the international carriage of goods by sea in detail Offers commentary on the Rotterdam Rules Includes a new chapter on the Hamburg Rules Since the fourth edition, a number of key cases and developments have been covered, including: The Thor Commander [2018] FCA 1326; [2019] 1 Lloyd’s Rep 167 (whether bill of lading or charterparty contract) The Polar [2021] EWCA Civ 1828 (incorporation of charterparty terms into bills of lading) The Joker [2019] EWHC 3541 (Comm); [2021] 1 Lloyd’s Rep 169 (conformity between charterparty and bill of lading dispute resolution terms) The Luna [2022] 1 Lloyd’s Rep. 216 (actual effect of document described as bill of lading) The Yue You 902 [2019] 2 Lloyd's Rep 617 (whether bill of lading spent) The Baltic Strait [2018] EWHC 629 (Comm) (relationship between the Carriage of Goods by Sea Act 1992 and charterparty bills of lading) Glencore International AG v MSC Mediterranean Shipping Co SA [2017] EWCA Civ 365 (use of PIN codes to obtain delivery) Law Commission Report on Electronic Trade Documents (2022) Volcafe Ltd v Cia Sud Americana de Vapores SA [2018] UKSC 61; [2019] A.C. 358 (burden of proof in cargo damage cases; meaning of “inherent vice”) Alize 1954 v Allianz Elementar Versicherungs AG (The CMA CGM Libra) [2021] UKSC 51 (unseaworthiness; defective passage plan) The Aqasia [2018] EWCA Civ 276 (package or unit limitation) The Maersk Tangier [2018] EWCA Civ 778 (package or unit limitation) The Lady M [2019] EWCA Civ 388 (barratry) The Tai Prize [2021] EWCA Civ 87 (apparent order and condition) The Alhani [2018] EWHC 1495 (application of the Hague Rules time bar to misdelivery)

Carver on Charterparties, in conjunction with Carver on Bills of Lading, covers the ground of the classic 1982 treatise Carver’s Carriage by Sea. Carver on Charterparties, 3rd edition, builds upon the thematic synthesis and analysis in this fundamental area of shipping law. Explains charterparties, their nature and characteristics Covers the parties, formation and interpretation of the charterparty as a contract Describes how charterparties apply to the vessel, the cargo and the voyage Discusses cargo claims Examines demise, time and voyage charterparties Addresses laytime and demurrage Analyses discharge by frustration and breach Covers damages and other remedies The third edition covers a number of major cases since the second edition, including: Unicredit Bank AG v Euronav NV (The Sienna) [2023] EWCA Civ 471 (relationship between charterparties and bills of lading) Alize 1954 v Allianz Elementar Versicherungs AG (The CMA CGM Libra) [2021] UKSC 51 (seaworthiness; vessel passage plan; whether seaworthiness confined to vessel attributes; relationship between seaworthiness and navigation) Gravelor Shipping Ltd v GTLK Asia M5 Ltd [2023] EWHC 131 (Comm) (arrangements for purchase of ship under demise charterparty) SK Shipping PLC v Capital VLCC 3 Corp (The C Challenger) [2020] EWHC 3448 (Comm); [2022] EWCA Civ 231 (fitness for service; shipowner’s consent to deduction from hire; election and reservation of rights; nature of speed and consumption warranties; Shelltime 4 maintenance clause) Eastern Pacific Chartering Inc v Pola Maritime Ltd (The Divinegate) [2022] EWHC 2095 (Comm) (calculating underperformance in speed and consumption warranties) Herculito Maritime Ltd v Gunvor International BC (The Polar) [2024] UKSC 2 (whether insurance rights exclude normal recourse rights) K Line Pte v Priminds Shipping (HK) Co Ltd (The Eternal Bliss) [2021] EWCA Civ 1712 (whether damages recoverable in addition to demurrage or deadfreight)

This new work on Damages for Breach of Contract, written by Remedies Law leading expert, Professor Katy Barnett, provides authoritative and practical guidance on the nature, extent and limitations of damages individuals and companies can claim in the event of breach of contract. The book deals primarily with English law, but also considers other jurisdictions (such as Australia and Singapore) when relevant. Clearly setting out what the law is, this new title is written with practitioners in mind. It will also be of real value to students and academics as it considers some of the theoretical debates surrounding this topic. FEATURES: Consequences of breach of contract Considers how to measure and understand the concept of expectation loss Deals with specific topics of interest to practitioners eg: Breach of sale of goods contract: considering non delivery; failure to take delivery; delay; supply of defective good; Failure to build or repair property as promised: when would ‘cost of cure’ be available Failure to provide services as promised Loss of chance and loss of opportunity Provides guidance on measuring reliance loss (or ‘wasted expenditure’) Outlines best approach to negotiating damages in light of recent case law Discusses situations where non-pecuniary loss may be awarded Looks at accounts of profits Considers other kinds of awards (nominal, exemplary and actions for debt) Attribution of Responsibility: Considers causation and how it operates as a limit to the availability of damages Remoteness of damage and the rule in Hadley and Baxendale Explains fully how mitigation operates via the avoidable and avoided loss rule Limitation and Exclusion of Liability Discusses how damages can be stipulated in a contract and how that ability can be impinged upon (rule against penalties and statutory prohibitions) Considers clauses which exclude or limit liability In addition: A number of topics of interest to practitioners will be discussed: Breach of warranties, for example, warranties of authority, quality and reasonable care in the context of share purchase agreements Guidance on pleading and proving loss, including an explanation of the fair wind principle established in Armorie v Delamirie (1772) Damages for breaches of dispute resolution clauses such as arbitration and exclusive jurisdiction clauses and confidentiality agreements. Damages relating to liabilities to third parties resulting from the breach of contract. For example, damages for the cost of litigation against the third party or defendant, damages for liability of claimant to its buyer, damages for settlement of claimant with third party, etc. The principle of transferred loss (considered fairly recently in Lowick Rose LLP v Swynson Ltd [2017] UKSC 32).

Offering a one-stop source to all the elements, principles, legislation and case law surrounding sale of goods, not just in the UK but also internationally, Benjamin's Sale of Goods has firmly established itself as the premier publication on the topic. First published in 1868 and frequently cited in court, its depth and coverage make Benjamin an essential reference tool and a must-have purchase for commercial practitioners, academics and barristers. Part of the Common Law Library, this new 12th edition of Benjamin's Sale of Goods is now presented in two volumes and content highlights include the following: Covers the needs of practitioners interested in all areas of sale of goods case law Includes clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws Provides high level text supported by all relevant developments in legislation and case law - the cases selected and the interpretation and guidance provided being one of the title's added values Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations Sets out the nature and formation of the contract of sale Includes discussion of unfair contract terms in commercial and consumer sales Details the remedies available when disputes arise Explains the implications of E-Commerce, including electronic contracts and payments Examines the law on Letters of Credit Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999 Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection Provides authoritative discussion on conflict of laws Examines the international scope of the subject, with chapters on overseas sales Takes you through the laws relating to consumer protection New to the 12th edition: Extensive coverage of post-Brexit legislation, principally the Retained EU Law (Revocation and Reform) Act 2023 Electronic Trade Documents Act 2023 International Standard Demand Guarantee Practice (ISDGP) Report of the Law Commission, Consumer Sales Contracts: Transfer of Ownership (No.398) Digital Markets, Competition and Consumers Bill 2023 Incorporates new case law in all areas This first supplement to the twelfth edition of Benjamin’s Sale of Goods brings the main work up to date with the latest developments. The key new case law and legislation covered in this supplement includes: King Crude Carriers SA v Ridgebury November LLC [2024] EWCA Civ 17 (deemed performance of conditions precedent; deposits) RTI Ltd v MUR Shipping BV [2024] UKSC 18 (force majeure clauses and “reasonable endeavours”) Sharp Corp Ltd v Viterra BV [2024] UKSC 14 (market damages and mitigation; C and F Free Out contracts) Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc [2024] SCC 20, Can (description and exemption clauses) Last Bus Ltd v Dawsongroup Bus and Coach Ltd [2023] EWCA Civ 1297 (exemption clauses) Primeo Fund v Bank of Bermuda (Cayman) Ltd [2023] UKPC 40 (contributory negligence) Banco Intesa Sanpaolo SA v Comune di Venezia [2023] EWCA Civ 1482 (restitution and applicable law) Lipton v BA City Flyer Ltd [2024] UKSC 24 (interpretation of retained EU law) Brexit developments on retained and assimilated EU law Digital Markets, Competition and Consumers Act 2024

First practitioner title in Singapore to focus on the interpretation of contractual terms.

Chitty on Contracts is the pre-eminent reference work on contract law in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in complex areas of the law. The work is in two volumes: Volume One covers the General Principles of contract law, while Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors. Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law Contains interpretation and analysis of general legislation since the last edition Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence Treats in detail the Capacity of parties Analyses and comments on the terms of the contract relating to Express and Implied Terms; Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses Examines Illegality and Public Policy Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment;, Death and Bankruptcy Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach Studies remedies for breach of contract, including damages and limitations of actions Discusses Restitution in relation to contract law Analyses conflict of laws as if affects contract law Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established Supplemented regularly The first supplement to the 35th edition of Chitty on Contracts includes fresh commentary, cases and legislation covering each chapter of the main work, updating the 35th edition to 31 August 2024.

This title provides you with all the guidance you need on the law governing the voluntary assignment of things in action. It covers the nature of assignment, equitable assignments, restrictions, priorities, liabilities, conflict of law and more. The commentary is clear and concise and follows the approach of titles such as Chitty on Contracts – enabling you to find a statement of law and, for each issue or topic, the authority that supports it. Defines assignment before outlining and giving examples of choses in action, detailing the requirements for assignment and looking at the relationship of assignment and other transactions. Examines the law of assignment under section 136 of the Law of Property Act 1925. Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose. Deals with restrictions on assignment and covers contractual terms forbidding assignment, prohibition by statute or public policy and personal contracts and covenants. Discusses the position of creditors, trustees in bankruptcy and personal representatives of the assignor and the liquidator of an assignor company. Analyses the problems associated with priorities including those between competing assignees, competing holders of interests in shares and an assignee and a chargee under a charge created by a company. Considers special priority rules and variation of priorities. Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer. Reviews available financing devices, factoring, block discounts and securitisation. Looks at situations where there is assignment of obligations or liabilities. The fifth edition has been comprehensively updated throughout to ensure you have the latest guidance at your fingertips. Key changes include new discussions on whether a contract reflects a single chose in action or a bundle of choses and an examination of the distinctions between an intention to assign and contractual intention. It also addresses whether the debtor or obligor has a right to sight the assignment. Other new features of this edition include: Additional new commentary on the redaction of documents relied on in court; the effects of backdating an assignment; the doctrine of relation on the assignee’s interest before the chose is assigned; whether termination of a contract affects a non-assignment clause; and priority between beneficiary under a trust and assignee of the trustee. Expanded commentary on relief by way of interpleader; agreements to assign an existing chose in the future; form of writing for equitable assignments of equitable choses; prohibitions on assignment; marshalling; abatement; and equitable set-off.

Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from three leading contract law academics on the duties at play in a contract that is in dispute: its performance, breach, termination and the remedies available. Main features: Part 1 covers rescission: general principles; possible grounds for (including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty); bars to; and consequences of rescission are fully considered. Part 2 introduces the different types of breach and the terminology that governs them and explains strict and non-strict obligations. Part 3 deals with discharge by impossibility, illegality or frustration. Part 4 discusses remedies available, beginning with the right to sue for a debt and the limits to such an action, going on to cover damages, and then dealing in detail with specific enforcement. It covers the structure of the law of damages, laying out the measures of award. In addition, it explains financial loss, covering the various ways of expressing the loss, via concepts such as expectation, reliance, consequential damage, ‘cost of cure’ and balance sheet calculation. There is also a chapter dedicated to agreed damages. New to the 4th edition: The law of contract and contract remedies has evolved significantly since the last 2020 edition. Substantial case law updates, including numerous Supreme Court decisions, across all four key areas of the book have been considered and analysed. See in particular: Part 1 (Rescission) Nature Resorts Ltd v First Citizens Bank Ltd [2022] UKPC 10 on undue influence Moses v Moses [2022] UKPC 42 on rights of third parties Times Travel (UK) Ltd v Pakistan International Airlines Corp [2021] UKSC 40 AND The Debenture Trust Corp plc v Ukraine [2023] UKSC 1 on duress Part 2 (Breach and Performance) Cases of note on renunciation; repudiation; identifying conditions; innominate terms; the process of terminating for breach; and the entire obligation rule are included. Part 3 (Frustration) On force majeure clauses: Delta Petroleum v British Virgin Islands Electricity [2020] UKPC 23; Mur Shipping v RTI [2022] EWCA Civ 1406 On the doctrine of frustration: Dayah v Bushloe Street Surgery [2020] EWHC 1375 (QB), Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2022] EWCA Civ 1021 Part 4 (Remedies) Interesting developments on damages for late payment of debts (Sagicor Jamaica v Seaton [2022] UKPC 48); On the relation between recoverable financial loss and the insolvency laws (Stanford International v HSBC [2022] UKSC 34); and On the remedies for failure to pay cryptocurrencies like Ether or Bitcoin.

Built on the wealth of practical, commercial and legal experience accumulated by the authors, the 2nd supplement to the 14th edition Hudson’s Building and Engineering Contracts provides a comprehensive update on the law and interpretation of construction contracts. Updates dealt with in this supplement include: Coverage of the enaction of the Building Safety Act 2022 The Supreme Court decisions in: Times Travel (UK) Ltd v Pakistan International Airlines Corporation Limited [2021] UKSC 40 Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 65 Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC1 And the Court of Appeal decision in Abbey Healthcare (Mill Hil) Ltd v Simply Construct (UK) Ltd [2022] EWCA 82

Carver on Charterparties, in conjunction with Carver on Bills of Lading, covers the ground of the classic 1982 treatise Carver’s Carriage by Sea. Carver on Charterparties, 3rd edition, builds upon the thematic synthesis and analysis in this fundamental area of shipping law. Explains charterparties, their nature and characteristics Covers the parties, formation and interpretation of the charterparty as a contract Describes how charterparties apply to the vessel, the cargo and the voyage Discusses cargo claims Examines demise, time and voyage charterparties Addresses laytime and demurrage Analyses discharge by frustration and breach Covers damages and other remedies The third edition covers a number of major cases since the second edition, including: Unicredit Bank AG v Euronav NV (The Sienna) [2023] EWCA Civ 471 (relationship between charterparties and bills of lading) Alize 1954 v Allianz Elementar Versicherungs AG (The CMA CGM Libra) [2021] UKSC 51 (seaworthiness; vessel passage plan; whether seaworthiness confined to vessel attributes; relationship between seaworthiness and navigation) Gravelor Shipping Ltd v GTLK Asia M5 Ltd [2023] EWHC 131 (Comm) (arrangements for purchase of ship under demise charterparty) SK Shipping PLC v Capital VLCC 3 Corp (The C Challenger) [2020] EWHC 3448 (Comm); [2022] EWCA Civ 231 (fitness for service; shipowner’s consent to deduction from hire; election and reservation of rights; nature of speed and consumption warranties; Shelltime 4 maintenance clause) Eastern Pacific Chartering Inc v Pola Maritime Ltd (The Divinegate) [2022] EWHC 2095 (Comm) (calculating underperformance in speed and consumption warranties) Herculito Maritime Ltd v Gunvor International BC (The Polar) [2024] UKSC 2 (whether insurance rights exclude normal recourse rights) K Line Pte v Priminds Shipping (HK) Co Ltd (The Eternal Bliss) [2021] EWCA Civ 1712 (whether damages recoverable in addition to demurrage or deadfreight)

Carver on Bills of Lading offers exhaustive coverage of the nature and uses of bills of lading and associated documents in commercial transactions, negotiations and disputes. Written by two of the foremost commentators on this area of law, the work contains a commentary on the Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules in addition to coverage of the most important recent cases. The title is part of the British Shipping Laws Library. Key features: Offers an in-depth analysis of the use and operation of bills of lading and related documents (such as sea waybills and delivery orders) Discusses the nature of a bill of lading, both as a receipt and as a contractual document Explains the roles of each party to the bill of lading contract Covers the contractual effects that follow a transfer of a bill of lading Examines bills of lading as documents of title Explains how and when third parties can be affected by bills of lading Analyses the Hague and Hague-Visby Rules for the international carriage of goods by sea in detail Offers commentary on the Rotterdam Rules Includes a new chapter on the Hamburg Rules Since the fourth edition, a number of key cases and developments have been covered, including: The Thor Commander [2018] FCA 1326; [2019] 1 Lloyd’s Rep 167 (whether bill of lading or charterparty contract) The Polar [2021] EWCA Civ 1828 (incorporation of charterparty terms into bills of lading) The Joker [2019] EWHC 3541 (Comm); [2021] 1 Lloyd’s Rep 169 (conformity between charterparty and bill of lading dispute resolution terms) The Luna [2022] 1 Lloyd’s Rep. 216 (actual effect of document described as bill of lading) The Yue You 902 [2019] 2 Lloyd's Rep 617 (whether bill of lading spent) The Baltic Strait [2018] EWHC 629 (Comm) (relationship between the Carriage of Goods by Sea Act 1992 and charterparty bills of lading) Glencore International AG v MSC Mediterranean Shipping Co SA [2017] EWCA Civ 365 (use of PIN codes to obtain delivery) Law Commission Report on Electronic Trade Documents (2022) Volcafe Ltd v Cia Sud Americana de Vapores SA [2018] UKSC 61; [2019] A.C. 358 (burden of proof in cargo damage cases; meaning of “inherent vice”) Alize 1954 v Allianz Elementar Versicherungs AG (The CMA CGM Libra) [2021] UKSC 51 (unseaworthiness; defective passage plan) The Aqasia [2018] EWCA Civ 276 (package or unit limitation) The Maersk Tangier [2018] EWCA Civ 778 (package or unit limitation) The Lady M [2019] EWCA Civ 388 (barratry) The Tai Prize [2021] EWCA Civ 87 (apparent order and condition) The Alhani [2018] EWHC 1495 (application of the Hague Rules time bar to misdelivery)

Formation and Variation of Contracts deals with topics fundamental to the question of enforceability of promises made and how contracting parties can ensure their transactions are legally effective. FEATURES: Draws together in single volume key issues relating to the formation and variation of contracts, focusing on the rules for their existence and validity Brings together topics which are of fundamental importance to practitioners advising on the negotiation or validity of contracts, but on which there is no up-to-date specialist work Traces the continuing development of the rules, as a response to changes within the English law of contract and to learn from developments being made in other legal systems Highlights areas of contract law where there is likely to be significant debate about possible development in the coming years Provides a perspective on the rules for the formation of contracts from an international and comparative dimension NEW TO THIS EDITION: Professor Cartwright considers all relevant recent developments, including: the developing case law on duties of good faith in negotiation or renegotiation of contracts, noting particularly recent decisions through which the English courts may be becoming more open to giving effect to an express obligation to negotiate or renegotiate in good faith, whilst not accepting a general implied duty to negotiate or renegotiate in good faith; cases on the scope of a claim in unjust enrichment where the negotiations for a contract break down, intention to create legal relations, certainty of agreement, formation of the contract following a “battle of forms” between the parties negotiating a contract, establishing the parties’ agreement to the variation (including by novation) of an existing contract, and applying the doctrine of consideration; the continuing discussion about the role of emerging technologies in the formation of contracts, including recent work by the Law Commission and other agencies on smart legal contracts; cases on the interpretation and application of statutory formality requirements for contracts and deeds, and the use of doctrines of estoppel and constructive trust to give effect to transactions which fail to comply with formality requirements; the continuing reception (both positive and negative) by case law and commentators in England and in other common law jurisdictions of the decision of the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd (2018) in relation to the binding force of “no oral modification” clauses; the significance for topics discussed in the book of the withdrawal of the United Kingdom from the European Union; this includes changes made to the EU law retained within English law after the end of the EU withdrawal agreement implementation period, and the impact of the Retained EU Law (Revocation and Reform) Act 2023 and other legislation, already passed or currently in progress or planned, to remove legislative provisions which derive from EU law.

This title provides you with all the guidance you need on the law governing the voluntary assignment of things in action. It covers the nature of assignment, equitable assignments, restrictions, priorities, liabilities, conflict of law and more. The commentary is clear and concise and follows the approach of titles such as Chitty on Contracts – enabling you to find a statement of law and, for each issue or topic, the authority that supports it. Defines assignment before outlining and giving examples of choses in action, detailing the requirements for assignment and looking at the relationship of assignment and other transactions. Examines the law of assignment under section 136 of the Law of Property Act 1925. Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose. Deals with restrictions on assignment and covers contractual terms forbidding assignment, prohibition by statute or public policy and personal contracts and covenants. Discusses the position of creditors, trustees in bankruptcy and personal representatives of the assignor and the liquidator of an assignor company. Analyses the problems associated with priorities including those between competing assignees, competing holders of interests in shares and an assignee and a chargee under a charge created by a company. Considers special priority rules and variation of priorities. Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer. Reviews available financing devices, factoring, block discounts and securitisation. Looks at situations where there is assignment of obligations or liabilities. The fifth edition has been comprehensively updated throughout to ensure you have the latest guidance at your fingertips. Key changes include new discussions on whether a contract reflects a single chose in action or a bundle of choses and an examination of the distinctions between an intention to assign and contractual intention. It also addresses whether the debtor or obligor has a right to sight the assignment. Other new features of this edition include: Additional new commentary on the redaction of documents relied on in court; the effects of backdating an assignment; the doctrine of relation on the assignee’s interest before the chose is assigned; whether termination of a contract affects a non-assignment clause; and priority between beneficiary under a trust and assignee of the trustee. Expanded commentary on relief by way of interpleader; agreements to assign an existing chose in the future; form of writing for equitable assignments of equitable choses; prohibitions on assignment; marshalling; abatement; and equitable set-off.