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THE LAW STUDENT's GUIDE

For law students, by law students

The Law Student's Guide

We provide FREE first-class undergraduate law notes, presented visually to enable application to problem questions, for quick learning and revision, and support on understanding content for essays. 

We also offer 80%+ essay writing tutorials from two top-performing students with one being put forward for a UK national competition and scoring third. Not only do these dive deep into the entire essay writing process, but provide the essays themselves as examples. 

This project has been designed and created by graduate and final year law students with the aim of providing others with information, content and essay writing advice that we wish we received in our first and second year of university.

At the forefront of our site is the module guides. These contain a complete set of refined notes in a concise, precise and (where appropriate) visual manner. They are inclusive of the needed content you'll require for each module. In order to write good essays, problem questions and exams in law, you must have a great understanding of the law itself. These guides provide you with that with relevant case law, legislation, points of law and brief explanations on areas that cause common mistakes. We avoid wordy explanations to make them perfect as a quick learning tool, revision material and perfect for applying to a problem question - in which our use of arrows sets out how content should be applied in the correct order. 

Some universities spend surmountable time marking work that does not count towards your final grade and providing feedback, some just expect you to know how to write an essay. Sadly, too many universities are in the latter group. A key aspect of this guide is our first-class essay and problem question writing tutorials. We take high first-class essays and break down step-by-step how they were created. This includes starting the essay, how to research, how to take notes from research and organise, how to critically analyse and how to put it all together. You can be incredibly intelligent and have a good understanding of the law, but if you do not use these skills to write well, your grade will not reflect your ability. This makes these tutorials vital. 

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You may not publish them for any commercial purposes, including charging a fee for providing access to them via a network. This licence does not affect your statutory rights of fair dealing. 

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Guide On Completing Law Essays for Students in the UK

How To Develop Your Critical Thinking Skills

What is dental negligence?

• essay writing
• law students

Writing a legal assignment is a daunting task, especially for students who do not possess the skills needed to create a good piece. To report a good law essay, you need to have a legal background that will enable you to conduct your analysis with ease or you can paper  i need someone to write my essay for me

A student has to demonstrate his or her ability to analyze a legal topic and describe it in a simple, logical, and clear way. Like other essays, your opinion will rely on facts. Writing and completing a law essay is simple especially for students in law university. All you have to do is follow the tips that we are going to discuss today.

Defining a law essay

Laws are rules that are enforced by government authorities to maintain order. Law essays are papers written by students to analyze different aspects of the law and provide different views and opinions on the subject. These views also describe the strength and weaknesses of a particular legal topic.

1.    Starting a law essay

How do you start writing a law assignment? You start by identifying a great topic that will act as the foundation of your essay. After identifying a good topic, you explore the question in your subject area. The subject area will help you in understanding the issues that you need to address. Your professor expects you to provide good answers in the body section.

Another important part of a law essay is the title. You need to create a captivating and compelling title that will get readers interested in reading the piece. Start by coming up with a captivating intro that creates the desired impression. Your opening remarks should indicate what the reader should expect to find in your paper.

2.    Finding a good topic

Since most legal papers focus on legal analysis, you’ll need to do your research in your area of study. You’ll be in a comfortable position to write your essay after you’ve familiarized yourself with the topic. Don’t forget to list your information sources since they’ll be required at the end of your essay. For your insights or arguments to be effective, you’ll need to present them in a structured approach.

3.    Create an outline

Without a good outline, you don’t have the assurance that you’ll get your desired results. To create an outline, you’ll need to come up with a draft that includes all the main arguments and ideas that you’ll include in your copy. A structured blueprint gives you a reference point that helps you formulate and turn ideas into words. With an outline, you’ll easily focus on the topic at hand and the main topics.

4.    Include all the sections

Just like any other essay, a law essay is made up of three sections namely the intro, body, and conclusion. The intro consists of one paragraph that finalizes with a thesis statement. The body includes around three or four paragraphs that elaborate on the theme and arguments. The conclusion summarizes the essay.

1.     The Introduction

The introduction part introduces the reader to the subject at hand by summarizing the arguments of the essay. It is an opportunity to get the attention of the audience by focusing on the value of the topic. The introduction ends with a thesis statement that justifies the objectives of the essay.

2.     The body

The body is a key element of the essay. It allows you to state your main arguments that support your thesis statement. Do not be afraid of giving counter-arguments on the issues that you are supporting. However, your claims have to be supported by reliable sources of information.

The opinions that you include in your essay should indicate a clear understanding of the subject matter. The body part needs to challenge and persuade readers to adopt your thoughts. If you’ll be tackling different elements, it’s important to divide your body into sub-headings.

3.     The conclusion

The conclusion summarizes your point of view by restating your thesis statement. Your body needs to address all the critical questions for you to be in a position to conclude with a comprehensive answer. Never introduce a new idea in the conclusion. You also need to be objective in your final remarks especially when describing your personal view.

To conclude

Before we conclude this article, we’ve decided to share a few critical tips on certain aspects of your essay that deserve your attention. You need to:

• Present your paper in a neat and organized way
• Use coherent and effective structures when labeling your subheadings
• Demonstrate your ability to apply the law using your arguments
• Develop systematic and logical arguments

Writing a law essay shouldn’t be difficult with the tips that we’ve discussed here. The most important thing when writing such essays is creativity. You need to prepared to think outside the box. After writing your essay, remember to proofread at least three times before submitting it.

Camilla Uppal

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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

Start Writing Like A Lawyer

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5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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List of 25 Best Law Assignment Topics for UK Students

The study of law is often regarded as one of the most well-liked but challenging academic disciplines. Every law student practices a variety of subjects or sub-areas of the law or legal sciences (Tham, 2019) . In legal studies, students frequently find the subject’s constant updating and breadth to be a hurdle.

As a practicing attorney, you will have to perform a variety of legal and international law tasks within tight constraints. Colleges and universities occasionally allow their students the chance to create law coursework on any subject-related topic. Students in this situation appear to be unsure of the best law assignment topics to choose while creating exceptional and striking law assignments.

This is the place to be if you need to prepare a legal assignment for your college or university. The best way to choose a law assignment topic and the importance of the best assignment writing service in students’ lives are both covered in full here. Additionally, you’ll discover the finest law and legal assignment topics for creating an excellent assignment.

How To Select A Topic For An Assignment?

To avoid worrying about making a mistake while doing it. Look at the assignment as an opportunity to compose something you are enthusiastic about rather than a “common theme.” (Dissertationproposal, 2020) . Here are some tips to keep you headed in the right direction.

Understand the Objective

Before you begin to think about choosing a topic, you must be completely aware of the expectations and desired aims of the task. Are you going to complete research, a dissertation, or some other task? How much research will be carried out? What form of research are they seeking? Taking the time to understand the assignment’s structure and aim can prevent you from altering the topic later.

Brainstorming

This step will help you as you start to think about prospective topics. Brainstorming is simply writing various ideas down on paper so you may sort them out afterward. Think about the issues this post might help with. A little elementary research could hasten this process. You can consult a federal organization’s official website, peer-reviewed publications & magazines, libraries, eBooks, etc.

Search for Interesting Areas

It’s time to sort over your extensive list of concepts, ideas, and recommendations. Try separating your ideas into categories based on topics by scanning your views for them. If you see that some topics keep coming up more often than others, you might want to consider focusing on them. Using the earlier case, you have come up with several suitable ideas for your task. By pondering in this way, you can think more deeply about your interests and potential writing topics.

Determine the Scope and Draw In

It is an important but largely overlooked step in the process. Many people struggle to narrow their topics, which results in overly wide papers (Bell, 2016). If you choose specific themes to focus on in your articles, you’ll be able to conduct a thorough examination. This step need not be finished before you start writing; it is common to decide which details to highlight as you go.

As you find some aspects of your project that are more crucial than others, your scope may change, so don’t feel like you have to stick to the basic idea you originally had for the paper. Effective ways to persuade you to think about restricting include examining a smaller portion of a problem or by taking location, demography, and time into consideration.

Significance of Hiring Law Assignment Experts

If you are graduating in law, you are already aware of the amount of work required to complete assignments, regardless of your level of education. The pressure to complete these assignments is usually too intense, and the majority of students give up on finishing the work. Professionals can save you in this situation. Here are a few things that analyze the significance of law assignment experts.

Finding a Topic of Interest

The reader’s attention is drawn to anything that causes waves. And while choosing the topic, you must bear this in mind. The professional would engage the learner in an open discussion to learn about his perspective and offer advice from his side. Both will settle on a subject that would seem industry-relevant and has a wide scope in the long run.

Research Roadmap

Once the subject has been chosen, it is time to plan the research methodology. It must defend the topic by showing that the data was gathered from reliable sources and according to the right procedures (Fricke, Grogger, and Steinmayr, 2018). The team will be guided to choose the optimal approach and validate the facts gathered by the experienced research experts.

Keywords Are Important

Students who are searching for a law assignment help website often use keywords like “law assignment,” “ best website for assignment writing ,” and “online assignment help.” And it is these terms that have the most impact on the effectiveness of searches. Similar to this, when a law assignment is written out, it needs to contain the ideal keywords, placed at strategic buildings to improve the search potential of the assignment.

Formatting and Structure

How well the assignment flows and how easily the connections can be seen matters a lot. This is where professionals may help in gathering the data and presenting it logically. This makes it easier for the reader to follow along and keeps them from becoming lost in the sea of data.

Ending That Has Influence

As the assignment moves towards completion, it unquestionably needs a strong and pertinent conclusion to have the implication it deserves. Experts from the  law assignment writing service  do exactly that and end each project with the most pertinent statement.

Top 25 Well-Researched Law Assignment Topics

Picking the ideal law assignment topics might be challenging because the scope of legal topics can vary from commercial judicial proceedings to statistical research in the field of forensic evidence. Here’s a collection of 25 law assignment topics, broken down into categories to aid in your creativity and idea generation.

Administrative Law Assignment Topics

One of the legal systems that address the creation, obligations, regulations, and authority of governmental administrative authorities is administrative law. Administration of legislation formerly passed by federal or state lawmakers is the main purpose of administrative law. The most popular administrative law coursework topics are as follows:

• Copyright allocation and legal protection
• Assignment in immigrants and refugees
• Assignment of enforcement agencies
• An international Trade Assignment

Business Law Assignment Help Topics

This area of legal duties covers anything that has to do with business. Playing around with the terminology is the first step when dealing with a contract or settling a disagreement. Some of the best topics for business corporate law assignment topics include:

• University fraternities’ unique business practices and the industry-specific nature of education.
• Are Negotiation and litigation used in the contentious stage of the property sector?
• The similarities and contrasts between American and British employment law.
• Contract Drafting Analysis: What elements need to be taken into account before entering into a contract?

Environmental Law Assignment Topics

It represents one of the most well-liked areas of law because not only law students but also environmentalists, journalists, sociologists, and healthcare students use it for their assignments.

• The international regulations to combat the climate crisis.
• The Hazardous Substances and Toxic Waste Treatment Act’s restrictions (RA 6969).
• The Environmental Quality Act’s history.
• How should an unauthorized environmental care practice be properly reported?

Criminal Law Assignment Topics

In the event of a crime, you ought to think about looking into criminal Law topics. It could be based on research for a case study, testimony in court, or investigative work related to a legal dispute (Cryer, Robinson, and Vasiliev, 2019) . Read out these criminal law assignment ideas, which cover everything from crime reduction to cultural considerations:

• An empirical connection between bullying instances and substance addiction in schools.
• Cybercriminal justice: the judicial side of cloud-based applications.
• How does one follow the instances involving civil protests and criminal offenses?
• The law enforcement aspects of racist violence.
• The risks of prejudice in an analysis of teenage criminal categories.

Contract Law Assignment Topics

A contract, or legal document, is a commitment that is recognized by law, is satisfying, and acknowledges all of the obligations and rights of the parties involved (Helvacı, 2017). All of the parties’ obligations and rights under the agreement are protected by contract law. The following list includes some of the popular contract law assignment topics for students:

• Adhesion Contracts.
• Voidable and Void Contracts.
• Unilaterally Contracts.
• Outrageous Contracts.

Family Law Assignment Topics

Everything relating to the marriage, including divorce disputes, domestic violence, child molestation, family conflicts, and so forth is pertinent here.

• What disparities exist between the laws governing child support and parental leave?
• Should legal experts engage medical professionals regarding child custody when a parent has mental health issues?
• Addressing child abuse: the divide between psychologist and legislation.
• Domestic relationship and marital harassment cases.

Most Frequently Asked Questions By Law Students

What is a law assignment.

Ans: The Law assignment deals with legal studies, which can range from simple essay writing (adversarial, expository, comparative, and reflective writings) and evaluations to court proceedings and analytical projects.

How Should a Law Assignment Be Written?

Ans: Writing law coursework is undoubtedly one of the challenging tasks you ought to do. But if you are comfortable with a few processes, it can be greatly simplified. The following are these steps:

• Assessing the primary concern within the field.
• Making a suitable outline.
• Composing the assignment’s body.
• Clear presentation of the introduction and conclusion.
• Editing and checking the document for errors.

How Do You Respond To A Legal Problem Question?

Ans: You’ll have to put a lot of time and effort into drafting the solutions to the issue problems as a law student. Now, you might not be sure how to address these issues and give a precise response. In this situation, you might find the following advice helpful.

• Examine the questions carefully.
• Consider how to divide the questions.
• Using pertinent legal provisions or statutes, rationally present your points.
• Make the presentation effective.

How to Select a Compelling Topic for Law Assignment?

Ans: Half the struggle is gained when choosing a compelling subject for your legal assignment. Your academic results can significantly change depending on the topic you choose. However, you can find it challenging to choose a compelling subject for your law paper. This is the time to think about a few options to select a solid subject.

• Reserve some time to explore.
• Carry out sufficient research.
• Concentrate on a more specific area.
• Ensure that the topic isn’t overly broad.

Final Statement

This is probably the most detailed resource available that provides thorough information on the various legal assignment subjects you need to be aware of.

To comprehend the aims and objectives of the listed topics or get more examples of law topics. Get assignment help from UKAssignmentHelp professionals. They can give you a variety of free topics along with in-depth instructions about your law assignment.

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• Practical Law

Assessing Assignability: Transferring Contractual Rights or Obligations

Practical law legal update 5-546-6326  (approx. 7 pages).

• An intended transfer is of the type that is prohibited by law or public policy (see Practice Note, Assignability of Commercial Contracts: Statutory and Public Policy Exceptions ).
• The parties expressly agree to restrict transferability (see Practice Note, Assignability of Commercial Contracts: Contractual Anti-assignment and Anti-delegation Clauses ).
• Breaching the contract.
• Making an ineffective and invalid transfer.

Distinguishing Between Assignment and Delegation

• The assignment of rights to receive performance.
• The delegation of duties to perform.

Characteristics of Assignments

• The right to receive performance from the assignor.
• Its remedies against the assignor for any failure to perform.

Characteristics of Delegation

The general rule governing assignment and delegation.

• Most assignments of contractual rights.
• Many delegations of contractual performance.
• Assignments and delegations that violate public policy or law.
• Assignments of rights or delegations of performance that are personal in nature.
• Contracts with anti-assignment or anti-delegation clauses.

Contracts That Present the Greatest Challenges

• Personal services contracts (see Personal Services Contracts ).
• Non-exclusive intellectual property licenses (see Intellectual Property Licenses ).
• Contracts with anti-assignment and anti-delegation clauses (see Contracts With Anti-assignment and Anti-delegation Contract Clauses ).

Personal Services Contracts

Intellectual property licenses, contracts with anti-assignment and anti-delegation clauses, is a change of control an assignment.

• Contains an anti-assignment and anti-delegation clause expressly restricting a change of control.
• States that a change in management or equity ownership of the contracting party is deemed to be an assignment.

When Does an Involuntary Transfer Trigger a Restricted Transfer?

• A contractual anti-assignment and anti delegation clause applies to a specific type or transfer.
• The transfer is permissible, with or without a contractual anti-assignment and anti-delegation provision.

Drafting and Negotiating Anti-assignment and Anti-delegation Clauses

• Directly addressing assignment of rights and delegation of performance.
• Clarifying the universe of restricted transfers.
• Designating the non-transferring party's consent rights.
• Specifying any exceptions to non-transferability.
• Requiring notification of a permitted transfer.
• Including a declaration that impermissible transfers are void.
• Adding a novation to the anti-assignment and anti-delegation provision.
• General Contract and Boilerplate
• General Commercial
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Quality Law Assignment Help In the UK

Law assignments are considered to be the most challenging coursework exercise for students. Preparing a high-grade-worthy law assignment requires oodles of effort that involve the studies of the rules and regulations of a system and their respective applications. In any case, law has always been the most intricate subject to deal with. Scholars dealing with this discipline need to employ hard effort when writing a law assignment. But hard work alone is insufficient to earn A+ grades in a Law assignment. Adequate analytical demonstration, too, is required, which can be attained only through proper research work.

Our team of experts consists of experienced researchers and professional law assignment writing experts. Their mutual efforts have always helped students reach their desired academic goals. This exclusionary team of law assignment help put great effort into researching, analyzing, collecting information and compiling all of it together so that our clients can achieve that cherished scholastic aim without breaking their back in the effort.

Important Segments Covered in Our Law Assignment Help

Law assignment writing experts believe a legal issue can be divided into diverse important segments, depending on their reach and effect. A law student can then easily pick a law assignment topic from these segments. The selected title is then bound to help one in writing an impressive law assignment. Mentioned below are some of the prevalent subjects you can get help with law assignment-

Common Law Assignment:

Any loss of civil nature occurring due to the negligence of an entity is covered by this category of law. Our team of legal writing helpers find the best thesis guides to aid the understanding of common law and related by-laws.

Criminal Law Assignment:

Any loss arising due to acts of a criminal nature is dealt with in this segment. Our faculty of experienced criminal law assignment experts can assist you with writing projects related to it.

International Law Assignment:

A broader category where a set of rules and regulations is used to define the relationship between two said countries. Cross-border expatriation policies regarding the transfer of goods and services are some of the legal aspects that our experts in International Law Assignment cover to give you quality help.

Business Law Writing:

Often considered a part of Civil Law, it is commonly known as Commercial Law. There are various branches of Commercial Law; out of the most commonly known are- Contract Law, Intellectual Property Law, Labour Law, and Corporate Law.

Land Law Assignment:

The law applies to cases where land-related issues like rights to use, alienate, sell, etc., are put into question. The most important issues in this law are land use agreements, rent agreements, and some cases that stand at the intersection of property and contract law.

These are just a few segments out of many on which we provide help with assignments to students across the globe.

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Conventus Law

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UK – Legal Terms Explained: Assignment.

April 18, 2023 by Rohin Pujari

What is assignment?

An assignment is the transfer of an interest from one party (“ assignor ”) to another (“ assignee ”). Assignment allows the assignor to transfer the benefit of a contract to the assignee. For example, the tenant of recently built office premises may transfer the benefit of a collateral warranty originally granted in its favour to a subsequent tenant.

Without express words, assignment usually involves an assignment of accrued and future rights. Clear words are required to assign only future rights under a contract ( Energy Works (Hull) Ltd v MW High Tech Projects UK and others  [2020] EWHC 2537 (TCC)).

Assignment in a construction context typically refers to a legal or equitable assignment (although assignment can also occur by other means, e.g. operation of law). A key difference between legal and equitable assignments is that, in the case of a legal assignment, the assignee may enforce any assigned rights in its own name. In contrast, following an equitable assignment, the assignee would need to join the assignor in any action brought to enforce its rights.

To take effect as a legal assignment under English law, an assignment must comply with section 136(1) of the Law of Property Act 1925 (“ LPA 1925 “). This requires the assignment to be: (i) in writing; (ii) absolute; and (iii) expressly notified in writing to the other party to the contract (“ debtor “). In practice, parties tend to effect a legal assignment by way of an assignment agreement or deed of assignment to ensure that these requirements are satisfied.

However, if the parties fail to meet any of the requirements set out in LPA 1925 the assignment will usually have equitable effect. Equitable assignments may arise orally or in writing, and whilst recommended, there is no need to notify the debtor, provided a clear intention to assign can be established. Neither legal nor equitable assignments generally require the debtor’s consent.

  Assignment v novation

Although both terms are sometimes used interchangeably, assignment should be distinguished from novation. The most notable difference is that assignment only transfers the benefit of a contract (e.g. a warranty that works have been carried out to the required standard), whereas a novation transfers both the benefit and the burden (e.g. an obligation to pay for a service). As novation also requires the consent of all parties, it will typically be effected by a tripartite agreement between the novating party, the party to whom the contract is to be novated, and the counterparty to the relevant contract.

  Some issues concerning assignment

• Restrictions on assignment  – Unless there is an express prohibition in the contract, the parties will usually be free to assign the benefit of a contract. However, many standard form building contracts, including the JCT Design and Build Contract, prohibit assignment, or allow it only subject to certain conditions. In this regard, a developer may seek to amend the contract to reduce any restrictions on their ability to assign. In contrast, a contractor may seek to limit any rights to assign, for example by specifying the number of permitted assignments. This is often linked to the contractor’s professional indemnity insurance terms which may provide for restricted cover in respect of successive assignments.
• Ineffective assignment where prohibited  – If a party purports to assign a right in contravention of an assignment clause, the assignment will only be effective as between the assignee and the assignor, and will not be enforceable against the debtor.
• Means of assignment  – A clause in a contract permitting assignment is not sufficient to effect an assignment. There must be a separate document or oral agreement to show the assignor’s intention to assign ( Allied Carpets Group Plc v Macfarlane (t/a Whicheloe Macfarlane Partnership)  [2002] EWHC 1155 (TCC)).

* This is an updated version of an article originally published as part of the ‘Legal Terms Explained’ series of  Construction Law .

For further information, please contact:

James Doe , Partner, Herbert Smith Freehills

[email protected]

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