Book contents
- Understanding the Law of Assignment
- Understanding the Law of Assignment
- Copyright page
- Contents
- Foreword
- Preface
- Cases
- Legislation
- Abbreviations
- Part I Introduction
- Part II The Model
- Part III Joinder
- Part IV Notice
- 10 Giving Notice of Equitable Assignments and Its Effect on Competing Assignees: The ‘Rule’ in Dearle v. Hall
- 11 Knowledge of Assignment: Substantive Effects in Equity between Obligor and Assignor
- 12 Knowledge of Assignment: Procedural Avoidance in Equity and by Statute of ‘Equities’ or ‘Defences’
- Part V Statutes
- Part VI Consequences
- Bibliography
- Index
12 - Knowledge of Assignment: Procedural Avoidance in Equity and by Statute of ‘Equities’ or ‘Defences’
from Part IV - Notice
Published online by Cambridge University Press: 10 October 2019
Book contents
- Understanding the Law of Assignment
- Understanding the Law of Assignment
- Copyright page
- Contents
- Foreword
- Preface
- Cases
- Legislation
- Abbreviations
- Part I Introduction
- Part II The Model
- Part III Joinder
- Part IV Notice
- 10 Giving Notice of Equitable Assignments and Its Effect on Competing Assignees: The ‘Rule’ in Dearle v. Hall
- 11 Knowledge of Assignment: Substantive Effects in Equity between Obligor and Assignor
- 12 Knowledge of Assignment: Procedural Avoidance in Equity and by Statute of ‘Equities’ or ‘Defences’
- Part V Statutes
- Part VI Consequences
- Bibliography
- Index
Summary
Receipt of notice of assignment alerts the obligee to the equtiable duties as are owed by the assignor to her assignee, In addition to the substantive liability which may arise should the obligor dishonestly assist the assignor in breaching her duties to her assignee (as discussed in the previous chpater), this chapter will explian further procedural effects as may arise from such notice, and will show how these procedural effects lie at the hart of the proposition that an assignee always takes ‘subject to equities', but such equities will stop running against the assignoee once the the obligor becomes aware of the assignment.
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- Understanding the Law of Assignment , pp. 281 - 324Publisher: Cambridge University PressPrint publication year: 2019