- The first stage in determining whether a contractual right can be assigned is whether it is characterised as a chose in action.
- A right that is a chose in action is a personal proprietary right that can be transferred to a third party at law or in equity according to the formal rules governing the transfer of such rights.
- The relevant (and assignable) chose may be the benefit of the contract as such; that is, the bundle of rights, powers, privileges and immunities created by the contract rather than a particular right conferred by a term of the contract.
- Some individual rights may be considered separately for the purpose of assignment because they are sufficiently discrete and independent of other provisions of the contract
William A.J. Higgs PhD