Assignment of choses in action - Revision history

Editor at 18:02, 1 December 2021

2021-12-01T18:02:06Z

← Older revision		Revision as of 18:02, 1 December 2021
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	It is important to understand that the right to assign a chose in action is not derived from contract. It is a statutory right, alternatively a right arising from the rules of equity. Express conditions are commonly found in collateral warranties purporting to grant rights of assignment; these conditions are unnecessary and may actually have the effect of restricting the rights to assign.		It is important to understand that the right to assign a chose in action is not derived from contract. It is a statutory right, alternatively a right arising from the rules of equity. Express conditions are commonly found in collateral warranties purporting to grant rights of assignment; these conditions are unnecessary and may actually have the effect of restricting the rights to assign.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Assignation.		* Assignation.
	* Assignment.		* Assignment.
		+	* Assignment of debt.
	* Breach of contract.		* Breach of contract.
	* Collateral warranty.		* Collateral warranty.

Designing Buildings at 06:13, 29 September 2020

2020-09-29T06:13:38Z

← Older revision		Revision as of 06:13, 29 September 2020
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	* Novation.		* Novation.

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:~~Other_legislation~~]] [[Category:~~DCN_Legislation~~]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Definition]] [[Category:DCN_Legislation]] [[Category:Case_law]] [[Category:Other_legislation]] [[Category:Contracts_/_payment]]

Editor at 17:48, 28 June 2019

2019-06-28T17:48:32Z

← Older revision		Revision as of 17:48, 28 June 2019
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	It is important to understand that the right to assign a chose in action is not derived from contract. It is a statutory right, alternatively a right arising from the rules of equity. Express conditions are commonly found in collateral warranties purporting to grant rights of assignment; these conditions are unnecessary and may actually have the effect of restricting the rights to assign.		It is important to understand that the right to assign a chose in action is not derived from contract. It is a statutory right, alternatively a right arising from the rules of equity. Express conditions are commonly found in collateral warranties purporting to grant rights of assignment; these conditions are unnecessary and may actually have the effect of restricting the rights to assign.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Assignation.		* Assignation.
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	* Construction contract.		* Construction contract.
	* Difference between assignment and novation.		* Difference between assignment and novation.
		+	* Equitable assignment.
	* Legal and equitable assignment.		* Legal and equitable assignment.
	* Novation.		* Novation.

−	[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Contracts_/_payment]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Contracts_/_payment]]

Editor at 15:22, 15 January 2018

2018-01-15T15:22:00Z

← Older revision		Revision as of 15:22, 15 January 2018
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===

		+	* Assignation.
	* Assignment.		* Assignment.
	* Breach of contract.		* Breach of contract.

Editor at 15:45, 28 November 2017

2017-11-28T15:45:23Z

← Older revision		Revision as of 15:45, 28 November 2017
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−
	Choses in action are ‘…all personal rights of property which can only be claimed or enforced by action and not by taking physical possession.’ (ref Torkington v Magee). The term includes the benefits arising under a contract and, subject to certain qualifications, rights of action arising by reason of a breach of contract.		Choses in action are ‘…all personal rights of property which can only be claimed or enforced by action and not by taking physical possession.’ (ref Torkington v Magee). The term includes the benefits arising under a contract and, subject to certain qualifications, rights of action arising by reason of a breach of contract.

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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Assignment.
−	*Breach of contract.
−	*Collateral warranty.
−	*Construction contract.
−	*Legal and equitable assignment.
−	*Novation.

−	[[Category:Case_law]]	+	* Assignment.
−	[[Category:Other_legislation]]	+	* Breach of contract.
−	[[Category:Contracts_/_payment]]	+	* Collateral warranty.
		+	* Construction contract.
		+	* Difference between assignment and novation.
		+	* Legal and equitable assignment.
		+	* Novation.
		+
		+	[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Contracts_/_payment]]

Designing Buildings at 15:15, 26 August 2015

2015-08-26T15:15:16Z

← Older revision		Revision as of 15:15, 26 August 2015
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	*Breach of contract.		*Breach of contract.
	*Collateral warranty.		*Collateral warranty.
−	*~~Contract~~.	+	*Construction contract.
	*Legal and equitable assignment.		*Legal and equitable assignment.
	*Novation.		*Novation.

−	~~[[Category:Contracts_/_payment]]~~
	[[Category:Case_law]]		[[Category:Case_law]]
	[[Category:Other_legislation]]		[[Category:Other_legislation]]
		+	[[Category:Contracts_/_payment]]

Designing Buildings at 12:42, 2 September 2013

2013-09-02T12:42:09Z

← Older revision		Revision as of 12:42, 2 September 2013
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−	Choses in action are ‘…all personal rights of property which can only be claimed or enforced by action and not by taking physical possession.’ (ref Torkington v Magee). The term includes the benefits arising under a contract and, subject to certain qualifications, rights of action arising by reason of a breach of contract.	+	Choses in action are ‘…all personal rights of property which can only be claimed or enforced by action and not by taking physical possession.’ (ref Torkington v Magee). The term includes the benefits arising under a contract and, subject to certain qualifications, rights of action arising by reason of a breach of contract.

−	A chose in action can be a legal chose, for example an interim payment due under a building contract, or an equitable chose such as a legacy under a will or an interest in a partnership.	+	A chose in action can be a legal chose, for example an interim payment due under a building contract, or an equitable chose such as a legacy under a will or an interest in a partnership.

	Choses in action can be assigned or transferred unilaterally, for example A the employer enters into a construction contract with B the contractor, requiring B to construct a building to a quality set out in the specification. A can, without the consent of, or indeed knowledge of B, transfer the benefit of that contract to a third party C. A is known as the assignor, B the debtor and C the assignee. Only the benefits of a contract can be assigned, not the burdens (see Nokes v Doncaster Amalgamated Collieries). The burden must be novated.		Choses in action can be assigned or transferred unilaterally, for example A the employer enters into a construction contract with B the contractor, requiring B to construct a building to a quality set out in the specification. A can, without the consent of, or indeed knowledge of B, transfer the benefit of that contract to a third party C. A is known as the assignor, B the debtor and C the assignee. Only the benefits of a contract can be assigned, not the burdens (see Nokes v Doncaster Amalgamated Collieries). The burden must be novated.
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	*Collateral warranty.		*Collateral warranty.
	*Contract.		*Contract.
		+	*Legal and equitable assignment.
	*Novation.		*Novation.

Designing Buildings: Created page with " Choses in action are ‘…all personal rights of property which can only be claimed or enforced by action and not by taking physical possession.’ (ref Torkington v Magee). Th..."

2013-08-27T10:58:31Z

Created page with " Choses in action are ‘…all personal rights of property which can only be claimed or enforced by action and not by taking physical possession.’ (ref Torkington v Magee). Th..."

New page

Choses in action are ‘…all personal rights of property which can only be claimed or enforced by action and not by taking physical possession.’ (ref Torkington v Magee). The term includes the benefits arising under a contract and, subject to certain qualifications, rights of action arising by reason of a breach of contract.

A chose in action can be a legal chose, for example an interim payment due under a building contract, or an equitable chose such as a legacy under a will or an interest in a partnership.

Choses in action can be assigned or transferred unilaterally, for example A the employer enters into a construction contract with B the contractor, requiring B to construct a building to a quality set out in the specification. A can, without the consent of, or indeed knowledge of B, transfer the benefit of that contract to a third party C. A is known as the assignor, B the debtor and C the assignee. Only the benefits of a contract can be assigned, not the burdens (see Nokes v Doncaster Amalgamated Collieries). The burden must be novated.

It is important to understand that the right to assign a chose in action is not derived from contract. It is a statutory right, alternatively a right arising from the rules of equity. Express conditions are commonly found in collateral warranties purporting to grant rights of assignment; these conditions are unnecessary and may actually have the effect of restricting the rights to assign.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Assignment.
*Breach of contract.
*Collateral warranty.
*Contract.
*Novation.

[[Category:Contracts_/_payment]]
[[Category:Case_law]]
[[Category:Other_legislation]]