Conceptual Underpinnings

Abstract This chapter provides a thorough analysis of the complexities surrounding the transfer of choses in action in English law. It begins by explaining the historical reluctance of Common Law to permit such transfers and how Equity addresses these limitations. The chapter explores various methods of assignment, particularly equitable assignments, statutory assignments, and transfers by trust, highlighting the differences and challenges associated with each. It focuses on the interrelationship between these methods, especially when an assignment fails to meet statutory requirements. Finally, the chapter emphasizes the importance of understanding these distinctions to avoid legal issues in the transfer of intangible property.