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The Law of Assignment, 3rd Edition by Smith, Marcus; Leslie, Nico (8th March 2018)

Part I The Nature of Intangible Property, 4 Debts

From: The Law of Assignment (3rd Edition)

Marcus Smith, Nico Leslie

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 25 June 2019

Subject(s):
Payment obligations of the buyer — Modes of payment — Contractual stipulation and time for payment

This chapter focuses on debts. A debt is a right to demand payment of money at a stipulated time. That stipulated time may be a future specific date, or the debt may be payable on demand or on the occurrence of some defined future event. In order to be a debt, the money must be due as a matter of legal obligation, that is, arising out of a contract or a deed. At times—particularly for accounting and tax purposes—attempts are made to further classify debts. One classification of debt is known as ‘book debt’. Book debts are best defined as debts in some way connected with the creditor's trade, or debts connected with and growing out of the creditor's trade. The chapter then looks at syndicated loans, where two or more banks severally lend to a single borrower, and the nature of debts as property.

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