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
10 - Giving Notice of Equitable Assignments and Its Effect on Competing Assignees: The ‘Rule’ in Dearle v. Hall
from Part IV - Notice
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
- 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
This chpater explains how the so-called ‘rule’ in Dearle v. Hall is not a special rule devised in connection with equitable assigments, but us actually the working-out the general rule of priority in equity, that qui prior est tempore potior est jure (‘he who is first in time has the better right’) in light of the Golden Rule, that one should do as one would wish to be done by. This chapter reveals that it is the giving of notice of assignment which is key, so as to bring an assignee within the Golden Rule, thereby potentially putting such assignee in a position of a better equity as compared with an assignee who had not acted in accordance with the Golden Rule.
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- Understanding the Law of Assignment , pp. 205 - 245Publisher: Cambridge University PressPrint publication year: 2019