Transactions

Question 1

Types of transactions

Answer 1

Assignment;
Licence;
Sub-licence;
Mortgage;
Vesting by operation of law.

Question 2

Marley v Rawlings [2014]

Answer 2

“When interpreting a contract, the court is concerned to find the intention of the party or parties, and it does this by identifying the meaning of the relevant words, (a) in the light of (i) the natural and ordinary meaning of those words, (ii) the overall purpose of the document, (iii) any other provisions of the document, (iv) the facts known or assumed by the parties at the time that the document was executed, and (v) common sense, but (b) ignoring subjective evidence of any party’s intentions.”

Key terms: summary of contracts

Question 3

Baxter v Nederlands Produktielboratorium [1998]

Answer 3

PA 1977, s. 30(6)
In English law (different in Scotland), an assignment of a patent or application is void unless it is in writing and signed on behalf of the assignor (usually, the person “selling” the patent)

An assignment which does not comply with these requirements may be effective in equity.