Legal assignment: Difference between revisions
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In a game of [[legal contract top trumps]], a [[legal assignment]] beats an [[equitable assignment]], except in the “fewest formalities needed to work” category, because it must meet certain formalities set out in the [[Law of Property Act 1925]]: | In a game of [[legal contract top trumps]], a [[legal assignment]] beats an [[equitable assignment]], except in the “fewest formalities needed to work” category, because it must meet certain formalities set out in the [[Law of Property Act 1925]]: | ||
*it must be absolute (unconditional). | *it must be absolute (unconditional). | ||
*it must not not be by way of [[charge]] or security only: an [[assignment by way of security]] is an equitable and not a [[legal assignment]]. | *it must not not be by way of [[charge]] or security only: an [[assignment by way of security]] is an [[equitable assignment|equitable]] and not a [[legal assignment]]. | ||
*The rights assigned must be wholly ascertainable and must relate to the whole of the [[chose in action]]. This sounds meaningful and might get you 6 our of 10 in a law exam but god only knows what this means in practice. | *The rights assigned must be wholly ascertainable and must relate to the whole of the [[chose in action]]. This sounds meaningful and might get you 6 our of 10 in a law exam but god only knows what this means in practice. | ||
*It must be in writing and signed - no deemed acceptance by conduct here, friend. | *It must be in writing and signed - no deemed acceptance by conduct here, friend. |
Revision as of 15:45, 8 March 2018
A word about credit risk mitigation
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In a game of legal contract top trumps, a legal assignment beats an equitable assignment, except in the “fewest formalities needed to work” category, because it must meet certain formalities set out in the Law of Property Act 1925:
- it must be absolute (unconditional).
- it must not not be by way of charge or security only: an assignment by way of security is an equitable and not a legal assignment.
- The rights assigned must be wholly ascertainable and must relate to the whole of the chose in action. This sounds meaningful and might get you 6 our of 10 in a law exam but god only knows what this means in practice.
- It must be in writing and signed - no deemed acceptance by conduct here, friend.
- The party whose obligations are being assigned must be given notice of the assignment.