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
- 3 Invariability
- 4 Different Models of Equitable Assignment
- 5 Misconceptions
- 6 Combination
- Part III Joinder
- Part IV Notice
- Part V Statutes
- Part VI Consequences
- Bibliography
- Index
6 - Combination
from Part II - The Model
Published online by Cambridge University Press: 10 October 2019
- 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
- 3 Invariability
- 4 Different Models of Equitable Assignment
- 5 Misconceptions
- 6 Combination
- Part III Joinder
- Part IV Notice
- Part V Statutes
- Part VI Consequences
- Bibliography
- Index
Summary
This chapter explains how, by combining the trust with the ‘agency’ effects described in the previous chapters, the difficulties of each doctrine, operating in isolation, are overcome, In particular, this chapter explains how, through combination, the agency aspect of equtiable assignment becomes irrevocable; how the usual rule of agency that an agent may not sub-delegate is reversed; how substantial damages may be recovered by the assignee in right of the assignor;and how double liability of the assignor may be avoided, in part, through legislative intervention in the form of Common Law Procedure Act 1854, section 83.;
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- Understanding the Law of Assignment , pp. 127 - 150Publisher: Cambridge University PressPrint publication year: 2019