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(p. 859) 22. Assignment of choses in action 

(p. 859) 22. Assignment of choses in action
(p. 859) 22. Assignment of choses in action

MA Clarke

, RJA Hooley

, RJC Munday

, LS Sealy

, AM Tettenborn

, and PG Turner

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date: 23 February 2019

This chapter deals with the assignment of choses in action. The modern rules and principles of assignment have been the result mainly of steady developments over time, especially from the seventeenth century onwards. Since the common law historically did not permit assignment, while equity did, the relations of law and equity are fundamental features of the modern law of assignment. This chapter first explains what ‘chose in action’ and ‘assignment’ are before discussing the requirement that there be an existing and assignable chose in action or right as well as the requirement that a person who holds an existing assignable chose in action intends to assign it. It also examines whether and when a rule of legal formality requires writing to be made; whether and when notice of the assignment is required; and obstacles to the enforcement of an assigned chose in action.

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