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Part IV Intangible Property that is Incapable of Transfer, 21 Assignment of Burdens

From: The Law of Assignment (3rd Edition)

Marcus Smith, Nico Leslie

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 30 July 2021

Obligations of the buyer — Obligations of the seller — Contract formation and trade practices

This chapter studies the assignment of burdens. In general, while a benefit or right under a contract is assignable, a burden or obligation under that same contract will not be assignable. The rule that burdens cannot be assigned needs to be considered in the context of those choses—notably contracts, but also leases and shares—that contain both benefits and burdens. However, there are a number of limited exceptions to the general rule. These include the unpaid vendor's lien over land; the rule that the burden of a restrictive covenant over freehold land can bind successive owners of that land; the transfer of obligations contained in leases through successive landlords and tenants; the assumption of obligations by a new shareholder on the transfer of the legal title in the shares to him; and the doctrine of ‘conditional benefits’ which applies to the assignment of rights under a contract.

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