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Topic: Assignment (law)

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	Assignment (law) - Wikipedia, the free encyclopedia
		Assignment of rights under a contract is the complete transfer of the rights to receive the benefits accruing to one of the parties to that contract.
		The assignment can not be revoked if the assignee has received a token chose (chose being derived from the French word for "thing", as in a chose of action) - a physical object that signifies a right to collect, such as a stock certificate or the passbook to a savings account.
		Earlier donative assignees for whom the assignment was made irrevocable can bring an action for the tort of conversion, because the assignment was technically their property when it was given to a later assignee.
	en.wikipedia.org /wiki/Assignment_(law) (1619 words)

	Contract Law, Part 6: Restraint of Trade, Assignment, Novation & Frustration (Site not responding. Last check: 2007-11-01)
		Special provincial laws may exist to alter the common law with regards to assignments, such as "judicature acts" and readers are invited to consult these laws for further research.
		Another example of legal assignment is upon death, where the executor assumes the position of the deceased and to whom all contracts of the deceased are assigned.
		Frustration occurs whenever the law recognizes that without default of either party, a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract....
	www.duhaime.org /contract/ca-con6.aspx (1979 words)

	law.com - Decision
		AFS seeks to justify its contractual arrangements with the tenants under standard principles of assignment law, which recognize the legality of assigning both existing and potential choses in action, so long as the causes of action survive the death of the assignor.
		In short, the Assignments, which were purchased with contingent consideration, gave AFS effective control over discovery and design of lawsuits, of which the assignor had no knowledge, without requiring, upon discovery, a renewed consent from the real party in interest before proceeding with litigation.
		The majority thus rejects California law, the law chosen by AFS and the tenants to govern the application and validity of the assignments.
	www.law.com /jsp/decisionstate.jsp?id=1024079067815 (6700 words)

	Boston Globe / Spotlight / Abuse in the Catholic Church / Cardinal Law and the laity
		Law now officially resides at a convent in Maryland, but in recent weeks he has been seen more frequently in Rome than in the United States.
		Law resigned after 11 months of criticism for his failure to remove sexually abusive priests from ministry.
		Law's home base is a small convent of the Religious Sisters of Mercy of Alma in Clinton, Md., where he serves as chaplain.
	www.boston.com /globe/spotlight/abuse/stories5/112203_law.htm (669 words)

	"Assignment" Defined & Explained
		A chose in action cannot be assigned at law, though it may be done in equity; but the assignee takes it subject to all the equity to which it was liable in the hands of the original party.
		By an assignment of a right all the accessories which belong to it, will pass with it as, if the assignor of a bond had collateral security, or a lien on property, the collateral security and the lien will pass with the assignment of the bond.
		The assignment of a thing also carries with it all that belongs to it by right of accession; if, therefore, the thing produce interest or rent, the interest or the arrearages of the rent since the assignment, will belong to the assignee.
	www.lectlaw.com /def/a080.htm (399 words)

	Property Law: Assignment (Site not responding. Last check: 2007-11-01)
		For example, if party A contracts to wash party B's car for $10, party A can later assign the benefits of the contract - the right to be paid $10 - to party C. In this scenario, party A has become the assignor, party B has become an obligor, and party C is the assignee.
		An assignment can not have any effect on the duties of the other party to the contract, nor can it reduce the possibility of the other party receiving full performance of the same quality.
		If the contract had a provision that made the assignment ineffective, the assignee could sue the assignor for breach of this implied warraney.
	www.juiceenewsdaily.com /1105/business/assignment.html?1130982054078 (1283 words)

	Assignments and Licenses
		A conditional assignment also passes ownership of the patent and is regarded as absolute until canceled by the parties or by the decree of a competent court.
		If an assignment, grant, or conveyance of a patent or an interest in a patent (or an application for patent) is not recorded in the Office within three months from its date, it is void against a subsequent purchaser for a valuable consideration without notice, unless it is recorded prior to the subsequent purchase.
		Such assignment should adequately identify the application, as by its date of execution and name of the inventor and title of the invention, so that there can be no mistake as to the application intended.
	www.uspto.gov /web/offices/pac/doc/general/assign.htm (813 words)

	FindLaw - 1196 Borregas Avenue (Sunnyvale, CA) Assignment and Assumption Agreement - Western Multiplex Corp. and ...
		Any Assignment approved by Landlord shall not be effective until Tenant has delivered to Landlord an executed counterpart of the document evidencing the Assignment that (a) is in form and substance reasonably satisfactory to Landlord, and (b) contains the same terms and conditions as stated in Tenant's notice given to Landlord pursuant to this Section.
		No Assignment, even with the consent of Landlord, shall relieve Tenant of the obligation to pay the rent and to perform all of the other obligations to be performed by Tenant.
		Landlord's consent to a requested Assignment shall not be unreasonably withheld, and shall be subject to the payment to Landlord of one-half of all consideration paid or to be paid or to be paid by the Assignee which exceeds the rent payable by Tenant under this Lease.
	contracts.corporate.findlaw.com /agreements/westernmultiplex/glenayre.lease.1999.10.18.html (6564 words)

	Assignment of Rents in Bankruptcy - July 1995 Update
		The Bankruptcy Court had held that the assignment of rents was a security device which perfected the lender's lien on the rents, but that the debtor, nevertheless, retained a property interest in the rents.
		The Court concluded that the assignment document in this case was an absolute assignment leaving the debtor no interest in the rents and no ability to use the rents to fund a plan of reorganization.
		Any questions about the law or your rights and obligations should be reviewed by legal counsel engaged by you and provided with your specific fact situation.
	www.cfg-lawfirm.com /articles/lyonsar2.html (612 words)

	Assignment and Satisfaction of Mortgages - Law Summary
		When this is done the assignee (person who received the assignment) steps into the place of the original lender or assignor.
		To effectuate an assignment, the general rules is that the assignment must be in proper written format and recorded to provide notice of the assignment.
		A marginal satisfaction is where the holder of the mortgage physically goes to the recording office and enters a satisfaction on the face of the the recorded mortgage, which is attested by the clerk.
	www.uslegalforms.com /lawdigest/mortgagesatisfaction.php/SD/SD-S123.htm (554 words)

	Unfair Competition Prevention Law - Official English Translation
		The purpose of this Law is, by providing for measures for the prevention of, and compensatation for damages from unfair competition, etc. in order to ensure fair competition among entrepreneurs and the full implementation of international agreements related thereto, and thereby to contribute to the wholesome development of the national economy.
		The provision of Article 6 of the new Law shall apply to a case for which a suit will be instituted after the enforcement of the new Law, the former examples shall still be followed as to application of a case for which a suit has been instituted before the enforcement of the new Law.
		The provision of Article 7 of the new Law shall not apply to acts of continuing the acts as described in Article 2 (1) item 2, 3 or 10 of the new Law (excluding those relevant to the acts described in Article 2 (1) item 1 of the new Law).
	home.att.net /~jmtyndall/allpapers/Ucpl.htm (1571 words)

	UNE - Law School - Assignment Extension Policy
		Assignments may be submitted by hand, placed into the School of Law Assignment box.
		Where assignments are submitted by hand by internal students, the assignment must be placed into the School of Law Assignment box by 5 pm (Eastern Standard Time) on the due date.
		Assignments received more than 14 days past the due date will receive a mark of zero, and in the case of compulsory assignments will result in the grade NI (Failed Incomplete) for the unit.
	www.une.edu.au /law/policies/assignment_extensions.php (657 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		It is admitted that a general assignment for the benefit of creditors, made within four months from the filing of a petition in bankruptcy, is void as against the trustee in bankruptcy, so far as it interferes with his administering the property assigned.
		It hardly is necessary to discuss whether such an assignment should be held to be embraced in the express avoidance of conveyances made with intent to hinder, delay, or defraud creditors in 67e, of the bankruptcy law.
		It was permitted by the law of the state, and cannot be taken to have been prohibited by the bankruptcy law absolutely in every event, whether proceedings were instituted or not.
	caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=us&vol=190&page=538 (1912 words)

	Assignment - Wikipedia, the free encyclopedia
		Look up assignment in Wiktionary, the free dictionary.
		Assignment (computer science), the modification of the value of a variable in a computer program
		Assignment (law), a transfer of rights or property from one person or entity to another, in American law
	en.wikipedia.org /wiki/Assignment (144 words)

	Assignment of Tax Liens
		You asked for (1) a summary of the New Jersey law requiring companies that are assigned tax liens to refund tax collections under certain circumstances and (2) a comparison with similar provisions of Connecticut law.
		The assignment must be authorized by resolution of the municipality's legislative body.
		The assignee has the same powers and rights at law and in equity as the municipality and its tax collector would have had with regard to: (1) priority of the lien, (2) interest accrual, and (3) fees and expenses of collection.
	search.cga.state.ct.us /dtsearch.asp?cmd=getdoc&DocId=15969&Index=I:\zindex\2000&HitCount=0&hits=&hc=0&req=&Item=29 (872 words)

	EMPLOYMENT LAW
		But no one else, except a privy, could complain of the breach of contract, and the ground of the employe’s action would be the refusal of the employer to pay him for the period promised in the contract of service.
		The suf-ficient and conclusive answer to the many plausible arguments to the contrary, portray-ing the evil to workmen and to others from the exercise of such authority by the great and strong, is: They have the right to dis-charge their employes.
		The law leaves employer and em-ploye to make their own contracts; and these, when made, it will enforce; beyond this it does not go.
	www.slaw.neu.edu /course/law2465.htm (6370 words)

	writing assignment public law II 2003-04
		Again, the skeleton outline assignment for your judgment is due February 5, 2003 and is worth 10% of the final grade.
		The purpose of the judgment assignment is to allow the writer an opportunity to draw his/her own conclusions given a set of facts and the law.
		Because the judgment assignment deals with legal, political and social controversies, students should be prepared to take a strong position on the issues raised by the facts and be prepared to defend that position(s) using legal, social and/or political arguments.
	www.yorku.ca /igreene/essay.htm (1932 words)

	Privity and Assignment of Legal Malpractice Claims
		Involuntary assignments take place by operation of law, and typically put the legal malpractice claim in the hands of a deceased client's estate, a trustee or creditor in bankruptcy, or a subrogating insurer.
		Because permitting the voluntary assignment of legal malpractice claims will tend to put them in the hands of the parties who value them most, the concern that expert attorneys will snap them up in the expectation of litigating them for profit may be justified.
		Permitting the voluntary assignment of legal malpractice claims, on the other hand, offers a better means of fulfilling the policy goals that courts lowering the privity bar have tried to achieve.
	www.tomwbell.com /writings/Comment.html (10812 words)

	North Dakota Assignment and Satisfaction, Morgages- Law Summary
		Assignments Generally: Lenders, or holders of mortgages or deeds of trust, often assign mortgages or deeds of trust to other lenders, or third parties.
		Demand to Satisfy: Within sixty days after any mortgage is satisfied, or within thirty days of receipt of a written demand of the owner of the property, whichever is shorter, the owners of the mortgage or other lien shall execute a certificate of discharge duly acknowledged, and cause a satisfaction of record to be entered.
		Penalty: Any mortgagee or owner of a mortgage or lien who fails to execute or deliver a discharge or to enter a satisfaction (see above, Demand to Satisfy) is liable to the owner of the property for all damages sustained as a result of the refusal and exemplary damages of one hundred dollars.
	www.uslegalforms.com /lawdigest/mortgagesatisfaction.php/ND/ND-S123.htm (768 words)

	Law and Our Rights (Site not responding. Last check: 2007-11-01)
		Again assignment or license may be either in general (without limitations) or subject to limitations and either for the whole term of the copyright or any part thereof.
		5) Where the assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.
		Like an assignment of copyright, a license will be in writing and can be limited in terms of either the scope or the duration or both.
	www.thedailystar.net /law/2006/01/03/education.htm (1764 words)

	Malta Trade Mark Assignment - Registration of Trademark Assignment, Malta
		A registered trademark is transmissible by assignment, testamentary disposition or by operation of law in the same way as other personal or moveable property.
		An assignment may be partial and limited so as to apply only to some but not all of the goods or services for which the trademark is registered; or to the use of the trademark in a particular manner or a particular locality.
		a Deed of Assignment with the signatures thereon attested by a notary or legalised by a diplomatic or consular representative of Malta or with the Apostille according to the Hague Convention; and
	www.chetcuticauchi.com /jpc/intellectual-property/trade-mark-assignment.htm (249 words)

	Cal Law
		or some judges, an assignment to juvenile delinquency court is about as desirable as a year-long visit to the dentist.
		In fact, after spending his first two years as a superior court judge in family court, he requested the assignment to juvenile.
		He practiced personal injury litigation, workers' compensation law and criminal law for 11 years and was then appointed by Gov. George Deukmejian to the Santa Clara County Municipal Court.
	www.law.com /regionals/ca/onthebench/hyman.shtml (525 words)

	IUB Campus Writing Program Library: Articles on Writing Across the Curriculum—Law
		This study attempts to determine what characteristics of essays written by law students were most strongly associated with the grades given those essays by law professors.
		The results found that student grades were higher if they identified major issues and stuck to those; used transitional phrases; argued for a particular conclusion while presenting both sides of the argument; used legal jargon; and wrote neatly and without mechanical errors.
		Identifies features of the "invisible discourse of the law." Describes the form of a legal rule, and difficulties in interpretation of legal rules.
	www.iub.edu /~cwp/lib/waclaw.shtml (332 words)

	USDOJ: OARM: Summer Law Intern Program
		Selection for employment is based on many elements of a candidate's background including academic achievement, law review or moot court experience, legal aid and clinical experience, and summer or part-time legal employment.
		Law students who have completed at least one full semester of legal study by the application deadline are eligible to apply.
		Most successful applicants intern the summer between their second and third year of law school; however, graduating law students who are entering a judicial clerkship or full-time graduate law program may intern following graduation subject to eligibility rules.
	www.usdoj.gov /oarm/arm/sp/sp.htm (267 words)

	Court ruling shows importance of service station business sales law
		Applicable law: California Business and Professions Code section 21148 authorizes a dealer to sell or assign his franchise if certain conditions are met.
		Therefore, Texaco had a right of first refusal under the state service station franchise assignment law whether or not the dealer expressly offered it to the company.
		Texaco therefore did not violate the state assignment law by buying the business more than 30 days after it received the notice.
	www.autoca.org /legal/4b154.htm (688 words)

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