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
11 - Knowledge of Assignment: Substantive Effects in Equity between Obligor and Assignor
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
This chapter deals with the effect of an obligor's knowledge that the chose in action to which his obligation pertains has been equitably assigned. It shows that such knowledge is a necessary, but not sufficient, ingredient to generate a form of equitable liability as between the obligor and the assignee should the obligor breach his equitable duty to the assignee not to dishonestly assist the assignor ib breach her duties to her assignee.
- Type
- Chapter
- Information
- Understanding the Law of Assignment , pp. 246 - 280Publisher: Cambridge University PressPrint publication year: 2019