Derham on the Law of Set-Off PDF Download
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Author: Rory Derham
Publisher: OUP Oxford
ISBN: 9780199578825
Category : Law
Languages : en
Pages : 0
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Book Description
This new edition of the leading authority on set-off brings the book fully up to date with the latest case law since the third edition was published in 2003. It provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers world-wide.
Author: Rory Derham
Publisher: OUP Oxford
ISBN: 9780199578825
Category : Law
Languages : en
Pages : 0
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Book Description
This new edition of the leading authority on set-off brings the book fully up to date with the latest case law since the third edition was published in 2003. It provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers world-wide.
Author: S. R. Derham
Publisher: Oxford University Press, USA
ISBN: 9780198298007
Category : Law
Languages : en
Pages : 0
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Book Description
This work has established itself as a leading authority on its subject. The Third Edition brings the book fully up to date with the latest case-law since the Second Edition was published in 1996. It provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers world-wide.
Author: S. R. Derham
Publisher: Oxford University Press, USA
ISBN: 9780198259077
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
This is a completely revised, updated, and much enlarged edition of Derham's Set-Off which, when first published in 1987, rapidly established itself as one of the leading works on the subject. The purpose of the second edition, as the first edition, is to set out the principles of the law ofset-off and related doctrines, such as the banker's right to combine accounts and the rule in Cherry v Boultbee. A right of Set-Off is particularly important in the event of the insolvancy of one of the parties to mutual dealings resulting in cross-demands. In effect it enables the s9olvent party toobtain payment in full for his claim against the insolvent party in the form of a deduction from his liability, rather than being confined to proof as an unsecured creditor in the bankruptcy or winding up of the insolvent party. For this reason considerable emphasis is placed on the application ofthe law of set-off to insolvencies. In addition, though, set-off between solvent parties (particularly equitable set-offs) receives detailed treatment. The effect of an assignment of a debt and the appointment of a receiver are also considered, as well as diverse other questions such as whether asurety is entitled to the benefit of a right of set-off available to the principal debtor against the creditor.This edition is once again based primarily upton English case and staute law but also includes extensive references to Australian law, New Zealand and Irish law, and cases from a variety of jurisdictions involving international and cross-border set-off.
Author: S. R. Derham
Publisher:
ISBN: 9780191812033
Category : Bankruptcy
Languages : en
Pages : 982
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Book Description
This edition brings the book fully up to date with the latest case-law in the UK, Astralia, Canada and New Zealand since the third edition was published in 2002.
Author: Duncan Sheehan
Publisher: Bloomsbury Publishing
ISBN: 1509901337
Category : Law
Languages : en
Pages : 480
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Book Description
The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.
Author: Gregory J. Tolhurst
Publisher: Bloomsbury Publishing
ISBN: 1509902422
Category : Law
Languages : en
Pages : 544
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Book Description
This book explains the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition, focusing on what is meant by 'assignment', the distinction between legal and equitable assignments, how an assignable contractual right is identified, what formalities apply to assignment, and what rights and remedies are available to the parties to an assignment. In reviewing the first edition, The Hon JD Heydon said 'it is essential reading for ... teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted-read carefully, slowly and repeatedly-by any practitioner facing an assignment problem. ... It is not only the best book ever written on its subject, but among the best monographs dealing with legal doctrine published in recent years' (2008) 30 Sydney Law Review 169.
Author: Philip R. Wood
Publisher: Sweet & Maxwell
ISBN: 1847032133
Category : Bail
Languages : en
Pages : 389
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Book Description
This title covers the essentials of set-off and netting, derivatives and clearing systems law with a very practical slant, providing the reader with a comparative overview of the law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting
Author: Freddy R. Salinger
Publisher: Sweet & Maxwell
ISBN: 9780421883208
Category : Factoring (Finance)
Languages : en
Pages : 558
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Book Description
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
ISBN: 1782259597
Category : Law
Languages : en
Pages : 910
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Book Description
The second edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. Fully updated, it reflects developments in the law and the markets in the continuing aftermath of the Global Financial Crisis. One of its distinctive features is that it gives equal coverage to both the equity and debt sides of corporate finance law, and seeks, where possible, to compare the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter analyses the present law critically so as to enable the reader to understand the difficulties, risks and tensions in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. This book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.
Author: Michael Howard
Publisher: CRC Press
ISBN: 1317659295
Category : Law
Languages : en
Pages : 354
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Book Description
Currency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element. The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element. The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency. This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad. "Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance." The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency." The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC, President of the Supreme Court of the United Kingdom, 2009-2012
