Also known as:intangibles · intangible property · intangible assets
Written by attorneys · grounded in primary & secondary sources — see below
Property lacking physical form or substance that cannot be touched. An incorporeal asset such as intellectual property, securities, bank accounts, contract rights, or causes of action.
Sources & Authorities
How it applies
Common Examples
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Work Product Protection Applies
Israel Irving prepares notes summarizing witness interviews for an upcoming trial. The notes lack any physical embodiment beyond digital files. When the opposing party seeks discovery, the court treats the notes as qualifying for work-product protection because they constitute the intangible equivalent of tangible material prepared in anticipation of litigation.
Shares Issued for Services
The board of Ideal Solutions authorizes issuance of stock to Ines Ibarra in exchange for her agreement to provide future consulting services. The services qualify as intangible property or benefit to the corporation. After the board determines the consideration adequate, the shares are treated as fully paid and nonassessable once the services begin.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Hornbooks
Study Supplements
Dictionaries
Choice of Law for Intangibles
Isaac Irving, domiciled in State A, assigns payment rights under a contract to a creditor in State B. The assignment involves an intangible right without physical situs. A court applies the law of the state with the most significant relationship to the debtor and the assignment to determine whether the transfer is effective.
Intangible Educational Factors
Ines Ibarra attends a segregated school where she cannot interact with students of other races. The separation produces intangible feelings of inferiority that affect her ability to learn and engage with peers. A court recognizes these non-quantifiable effects as constitutionally significant in evaluating equal educational opportunity.
Brown v. Board of Education [*Brown I*]347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)
Parental Liberty Interest
Ismael Ibrahim asserts a liberty interest in his claimed relationship with a child born during the mother's marriage to another man. The claimed connection consists of intangible fibers linking parent and child. A court examines whether those intangible ties are sufficiently substantial to receive constitutional protection.
Michael H. v. Gerald D.491 U.S. 110 (1989)
Unsecured Claim as Property
Ingrid Innes holds an unpaid bill against a decedent's estate. The claim is an intangible interest without physical form. A court treats the cause of action as property protected by the Due Process Clause, requiring adequate notice before the claim can be extinguished.
Tulsa Professional Collection Services, Inc. v. Pope485 U.S. 478 (1988)
Common questions
Frequently Asked
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Does the term intangible include causes of action and contract rights?+
Yes. An intangible encompasses any incorporeal asset such as a cause of action or contract right. Primary authorities confirm that such interests qualify as property even without physical embodiment.
Supporting sources
Can shares be issued in exchange for intangible consideration?+
Yes. A board may authorize shares for any tangible or intangible property or benefit to the corporation, including services performed or contracts for future services, provided the board determines the consideration adequate.
Supporting sources
How does work-product protection treat intangible materials?+
Work-product protection extends to the intangible equivalent of tangible material prepared in anticipation of litigation or for trial. Digital files or notes summarizing interviews therefore receive the same protection as physical documents.
Supporting sources
347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)Remedies
…the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: "... his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession." Such considerations apply with added…