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2 results

  • 12 - Knowledge of Assignment: Procedural Avoidance in Equity and by Statute of ‘Equities’ or ‘Defences’

  • from Part IV - Notice
  • C. H. Tham, Singapore Management University
  • Book:
    Understanding the Law of Assignment
    Published online:
    10 October 2019
    Print publication:
    17 October 2019, pp 281-324

  • 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.