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Part IV Intangible Property that is Incapable of Transfer, 24 Personal Obligations

From: The Law of Assignment (3rd Edition)

Marcus Smith, Nico Leslie

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
08 March 2018
ISBN:
9780198748434

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

Subject(s):
Obligations of the buyer — Third party property rights and obligations of the seller

This chapter focuses on personal obligations. As has been described, one of the reasons contractual burdens are generally unassignable is because the beneficiary of the promise cannot, without his consent, be deprived of his rights as against his contractual counterparty. Here the concern is with the converse situation, where the beneficiary of a right wishes to transfer that right to someone else. The chapter then considers the reasons for the rule that a personal contractual obligation should not be assignable to a third party, analyses the test established by the relevant case law for determining whether a particular obligation is indeed a personal obligation, and sets out a number of the ways in which this test has been applied to specific factual scenarios.

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