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3 results

  • A BIDIRECTIONAL ANGLO-GERMAN COMPARISON OF CONSIDERATION IN CONTRACT LAW

  • Johannes Ungerer
  • Journal:
    International & Comparative Law Quarterly / Volume 72 / Issue 1 / January 2023
    Published online by Cambridge University Press:
    11 January 2023, pp. 251-268
    Print publication:
    January 2023
    • Article
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  • This article explores the concept of consideration in contract law from a comparative perspective, looking at how English law and German law distinguish bargains from gifts. Contrary to the orthodoxy that consideration is unique to Common Law and absent from Civil Law, the bidirectional analysis in this article shows how English law and German law can be understood to fulfil a comparable function and can thus inform and benefit each other. The sophisticated English doctrine can be used to refine the rather imprecise German definition of gifts, whilst the understanding of English authorities can profit from reflecting inversely on the criterion of gratuitousness in German law.

  • 9 - Equitable assignments

  • from Part C - Equity, contract and property
  • M. W. Bryan, University of Melbourne, V. J. Vann, Monash University, Victoria, S. Barkehall Thomas, Monash University, Victoria
  • Book:
    Equity and Trusts in Australia
    Published online:
    09 November 2022
    Print publication:
    31 October 2022, pp 133-152

  • Summary

    Equity recognises as property certain assets not recognised at common law, such as the beneficiary’s interest in a trust. It is also clear that property interests can be created more informally in equity than at law. One aspect of this is equity’s attitude to assignments of property. Assignments are transfers of property either for consideration or as gifts. The question whether property has been effectively assigned is of considerable commercial significance. It is not always an easy question to answer. The law of assignments stands at the intersection of common law, equity and statute. The common law developed basic rules for the transfer of property. Equity acts as a ‘gloss’ and recognises assignments in various cases where the common law would not. Many assignments are also effected by statute. So when we consider whether an assignment has been effective, we need to be able to apply law from all three sources.