2015-2016 Deck Flashcards
What three things are the Ratio Decidendi based on:
a) the material facts
b) the decision of the judge
c) the reason for the decisions
What does the principle of Obiter Dicta translate as:
things said by the way
Is the obita dicta legally binding
no - it can be persuasive for future cases
Is the Supreme Court bound by its own decisions?
No
What is it called when the Government chose not only to consolidate current legislation on a particular topic but to include also principles embodied in case law. As a result most include existing statue and case law is reduced to a single code?
a codifying act
What are the four examples of a Codifying Act:
a) the Bills of Exchange Act 1882
b) the Partnership Act 1890
c) the Sale of Goods Act 1979
d) the Marine Insurance Act 1906
What is it called when an act is one which repeals all previous legislation on a subject and re-enacts it in one logically arranged statute? No new law is created but existing statutory enactments are brought under one ‘umbrella’
Consolidating Acts
What two examples are given for Consolidating Acts?
a) The Road Traffic Act 1988
b) The European Parliament and Council Directive
What are Enabling Acts (or Parents Acts) and rules under the Authorities known as?
Delegated or subordinate legislation
As parliament doesn’t have time to lay down all intricate rules and often law down general framework of rules- what is the term given to persons of power to make detailed rules and regulations for the purpose of implementing the act?
Delegated legislation
What are the three most important forms of delegated legislation?
a) statutory instruments
b) orders in council
c) bye - laws
What is the terms for legislation with affects acts done or right acquired before it came into effect?
Retroactive or retrospective legislation
What case is generally regarded as a separate form of nuisance? and an example of strict liability- that is, liability that can arise even where there is no fault or negligence?
Rylands v Fletcher (1868)
Which case is this:
The defendant employment independent contractors to construct a reservoir on his land to supply water to his mill. In the course of construction, the contracts came across some disused mine shafts filled with earth. After the work was completed one of the shafts gave way and water burst through and flooded the claimant’s colliery. It was found as a fact that the defendant had not been negligent
Rylands v Fletcher (1868)
For which tort is the claimant never required to prove that he has suffered loss or damage? A. Negligence. B. Nuisance. C. Slander. D. Trespass to land
D. Trespass to land
The general purpose of the law of torts is to protect people’s right by allowing them to sue- why?
If their interests are invaded, threatened or harmed
Which form of tort is actionable per se? Where you don’t have to prove you have suffered loss or damage
Tresspass
What does the following characteristic refer to under tort Trespass:
There is no liability unless the injury or harm is caused directly
The act of the defendant must be direct
What three forms does trespass take?
Trespass to the person
Trespass to goods
Trespass to land
What three forms does trespass to the person take?
Assault
Battery
False Imprisonment
Under trespass to goods tort- if the defendant deliberately deals with the goods in a way which is inconsistent with the right or a person who owns them what can they be sued for?
Conversion = stealing goods or selling borrowed goods
What three forms does trespass to land take?
Unlawful entry onto the land of another
Unlawfully remaining on the land of another
Unlawfully placing or throwing any material object upon the land or another (rubbish)
For the act of negligence to succeed, what are the three essentials?
- a duty of care owed by the defendant to the claimant
- a breach of that duty by the defendant (negligence); and
- damage suffered by the claimant as a result of the negligent act
What is the famous case that established the tort of negligence- duty of care?
Donoghue v Stevenson (1932)
How could Ms Donoghue sue the manufacturers of the ginger beer for negligence?
Because they owed her a duty of care
What term does this relate to: the law attempts to place a reasonable limit on the defendant’s responsibilities by releasing them for the damage is too remote
Causation and remoteness of damage
What case established a new test based on forseesability: damage would be too remote if it was of a type which was not reasonably foreseeable
Overseas Tankship (uk) Ltd v Mort’s Dock and Engineering co Ltd (1961)
What act is this referring to:
Eventually a strict liability for defective products was introduced under this act
Consumer Protection Act 1987
What are the five formations of a contract:
- Agreement
- Intention to create legal relations
- Consideration
- agreement must be in the form required by law
- the parties must have capacity to contract
what three ways can terms be implied with?
- in fact
- by custom or usage
- by law
What terms are based on the words spoken by the parties or written down by them?
Express terms
An insurance broker grants cover for motor insurance to a 21-year-old proposer. However, the
broker’s authority is restricted to only granting cover to drivers aged 23 years and over. What is the
basis on which the insurer is bound to cover the 21-year-old, if at all?
A. Agency by estoppel.
B. Apparent authority.
C. Implied actual authority.
D. The insurer is not bound.
B. Apparent authority.
What is an agent called that has never been appointed?
Agency by estoppel
What term is given for a person who may ‘hold out’ another person as being their agent when the latter has no authority at all, when the third party is deceived?
Agency by estoppel
What term is this referred to:
When a third party deals with an agent, often they will not know the exact limit of the agent’s authority. They are therefore bound to rely on what appears to be the authority of the agent
Apparent authority
What is this referring to:
A principal is bound, not only by acts which are within the actual authority of the agent, but by acts which are within the authority they appear to have
Apparent authority
What three areas can apparent authority arise in cases?
- the principal has restricted the authority of a validly appointed agent;
- the apparent agent has never been appointed at all
- unknown to third party the authority of the agent has been terminated
When does apparent authority only arise?
when the principal give the agent the appearance of the authority
What two forms can actual authority take?
Express actual authority
Implied actual authority
What does express authority arise from?
From the instructions which have been given to the agent. stating what is required and what is allowed
In express actual authority what two ways can instructions be given as part of the agency agreement
Oral and in writing
If an agent has to incur travel expenses or post and telephone charges what does this refer to?
a)A. Agency by estoppel.
B. Apparent authority.
C. Implied actual authority.
D. The insurer is not bound.
Implied actual authority
Where the agency has been created by express agreement the agent will have what two things?
express actual authority
implied actual authority
Whilst Tim was on holiday, unknown to him his agent made a contract on his behalf. Tim is happy
to ratify the contract but he does want to change a minor term. The services under the contract are
scheduled to be carried out next week. What is the correct position?
A. Tim cannot ratify the contract as it was made without his knowledge.
B. Tim cannot ratify the contract excluding the minor term as the whole contract must be ratified.
C. Tim can ratify the contract and change the term as it is only a minor term.
D. Tim can ratify the contract and change the minor term if this is done within reasonable time.
B. Tim cannot ratify the contract excluding the minor term as the whole contract must be ratified.
What is an disclosed principal?
A disclosed principal is one whose existence is known to the third party at the time the contract is made
What is the general rule when an authorised agent contracts on behalf of a disclosed principal?
They ‘drop out’ when the contract is made
For a disclosed principal- the third party can enforce the contract against each other but the agent can neither nor be sued on it- what are the three exceptions to this rule?
1- agent who sign a deed may be liable on it
- trade custom sometimes make the agent personally liable.
- agents who sign their name on a negotiable instrument may be liable
Can the undisclosed principal enforce the contract?
Yes
What is an undisclosed principal?
Where the third party is unaware that they are dealing with an agent
Alice acted as an agent for Ted in a house clearance sale and has successfully claimed commission
by implied agreement. What does this indicate about the commission amount?
A. It was agreed as it was based on a verbal agreement.
B. It was agreed as it was detailed in an agency contract.
C. It was not agreed, but Alice had a lien on Ted’s property.
D. It was not agreed, but Alice’s work was in her usual line of business for which she would
normally be paid.
D. It was not agreed, but Alice’s work was in her usual line of business for which she would
normally be paid.
If there is express or implied agreement what must the principal reward the agent with?
usually commission/ payments etc but they must have earned it
The principle of utmost good faith places the most legal duties on a proposer when he is
A. placing insurance cover directly without the assistance of a broker.
B. purchasing commercial insurance cover.
C. purchasing consumer insurance cover.
D. resident outside the UK
B. purchasing commercial insurance cover.
What does the term utmost good faith mean
the insurer and the insured have a duty to deal honestly and openly during their contractual relationship
When effecting a household contents insurance policy, the proposer deliberately provided the
insurer with misleading information and so the insurer avoided the policy. The insurer is only
obliged to return the premium to the policyholder in such circumstances if
A. the premium exceeds a de minimis amount.
B. the premium was paid in monthly instalments.
C. the premium was paid on day one of the policy period.
D. retaining the premium would be unfair to the policyholder.
D. retaining the premium would be unfair to the policyholder.
Under the 2012 Act, Consumer Insurance the insurer can only seek remedy if misrepresentation is qualifying- that is if:
1- the misrepresentation was caused by the consumer’s failure to exercise reasonable care
2. the insurer shows that without the misrepresentation, it would not have entered into the contract
Under the 2012 Act, Consumer Insurance classes misrepresentation as either:
1 - Deliberate or reckless
2. careless
Under the 2012 Act, Consumer Insurance if a misrepresentation was deemed deliberate or reckless what can be done:
The insurer can avoid the contract and not return any premiums paid unless it would be fair on the consumer to retain them
Under the 2012 Act, Consumer Insurance if a misrepresentation was deemed careless what three things can Insurers do:
1- if they wouldn’t have entered into the contract they can avoid the contract and refuse all claims but must return the premium paid
2. if they would have done it but on different terms, the contract is to be treated as if it had been entered on those terms
3. if they would’ve done it but charged a higher premium, the can reduced the proportion of the claim by:
Premium charged / Higher premium x 100
To what extent, if at all, does the duty of good faith apply to employers’ liability insurance? A. It applies in exactly the same way as it does to all other non-consumer insurances. B. It does not apply as it is a compulsory class of insurance. C. It only applies at inception of the policy but not at subsequent renewal. D. It only applies to large companies, defined as those with more than 50 employees.
A. It applies in exactly the same way as it does to all other non-consumer insurances.
Under English Law, the right to insure the life of another person arises if there is
A. the consent of the Law Commission.
B. the consent of the life assured.
C. a financial relationship recognised at law.
D. a relationship characterised by a close bond of natural affection.
C. a financial relationship recognised at law.
What are the four key elements of insurable interest?
1- there must be a subject matter of insurance
- the policyholder must have an economic of financial interest in the subject matter
- the interest must be a current interest- not expectancy
- the interest must be a legal interest
The Consumer Insurance (Disclosure and Representations) Act 2012 abolished the duty of
disclosure in consumer insurance with the result that a consumer’s duty is to take reasonable care
NOT to make a
A. fraudulent statement.
B. misrepresentation.
C. qualifying disclosure.
D. representation.
B. misrepresentation.
What can happen if there is a breach of warranty?
the injured party has a right to claim damages but not to terminate the contract
What can happen if there is a breach to the condition of the contract?
victim has right not only to claim damages but also to terminate the agreement
What class of insurance are implied warranties found in?
Marine Insurance only
When an insured breaches a suspensive condition, for how long, if at all, is policy cover invalid?
A. Cover remains valid, but the insurer is entitled to damages.
B. Cover is invalid until the insured describes the risk to the satisfaction of insurers.
C. Cover is invalid only for the period that the insured does not comply with the condition.
D. Cover is permanently invalid as the policy is terminated from the date of the breach.
C. Cover is invalid only for the period that the insured does not comply with the condition.
A joint policy is ‘indivisible’ what does this mean?
a breach by one insured may cause the whole policy to fail.
What happens if there is a breach in a composite policy?
If one of the insured breaches then the composite policy may invalidate their own cover without affecting the right of other insured persons to claim
In the case of lessor and less or mortgagor and mortgagee what sort of policy is this likely to be?
A composite policy
Where the insureds interests are different in a property- what kind of policy is this?
Composite
A warranty in a builder’s public liability insurance policy states that no work should be carried out at
a height greater than 10 metres. What will happen if the insurer discovers that the insured has
failed to comply with this warranty?
A. An additional premium will be charged.
B. All policy cover will be terminated from the date of breach.
C. A mid-term exclusion will be applied.
D. Settlement of any claims will be reduced on the basis of contributory negligence.
B. All policy cover will be terminated from the date of breach.
What liability does insurers have under an insurance contract for any loss that happens after being breached but before the breach has been remedied?
None
A bundle of separate contracts between an insurer and several insured companies in a group of
companies are all contained in a single insurance policy. This may be described either as a
A. composite policy or coinsurance.
B. composite policy or contribution.
C. joint policy or coinsurance.
D. joint policy or a reinsurance policy.
A. composite policy or coinsurance.
Ian’s speedboat suffered damage during a storm. The insurer identified that a design fault on the
boat was a second and concurrent cause of the damage. Neither the storm nor the design fault
would have caused the loss on its own. Ian’s marine insurance policy provided cover against storm
damage but the design fault was an uninsured peril. How, if at all, would Ian’s insurer be liable for
the claim?
A. It would be liable for one half of the claim.
B. It would be liable for the claim in full.
C. It would only be liable for the portion of the claim caused by the storm.
D. It would not be liable for the claim at all.
B. It would be liable for the claim in full.
What is this an example of: ‘a building might be damaged by a fire that was raging and a storm battering it a the same time’
Concurrent causes
‘a building might be damaged by a fire that was raging and a storm battering it a the same time’
what would happen in this situation if the perils are independent and either one would have caused some loss without the other?
the insurer is simply liable for that part of the loss attributable to whichever peril is insured
Under Concurrent perils:
what happens if the independent perils combine to cause a loss i.e each would have caused some loss on its own
Insurers will pay for the loss attributable to the insured peril only
Under concurrent perils:
What happens if two interdependent perils combine to cause a loss and neither would have caused a loss on its own-
Insured perils plus excluded peril: no liability for the loss and exclusion prevails
Insured perils plus uninsured peril: full liability for the loss and insured peril prevails
When Fred’s yacht ran aground on rocks, he abandoned his rights to the yacht to his insurer but did
NOT serve a formal notice of abandonment on the insurer. If Fred submits a claim, the insurer is
entitled to classify it as
A. an actual total loss.
B. a constructive total loss.
C. a partial loss.
D. salvage.
C. a partial loss.
Under marine insurance- what is a constructive total loss
it applies when the subject matter is damaged or the insured is deprived of the possession of their ship or goods but the subject matter is not destroyed.
Under Marine Insurance- what is this:’it is unlikely that the insured can recover the ship or goods’
constructive total loss
Under Marine Insurance- what is this:’in the case of a damage to a ship, the cost of repairing the damage would exceed the value of the ship when repaired’
constructive total loss
Under Marine Insurance- what is this: in the case of damage to goods, where the cost of repairing the damage and forwarding the goods to their destination would exceed their value on arrival
constructive total loss
Under marine insurance what happens if there is an actual total loss?
Abandonment is automatic
Following the case of Lister v. Romford Ice and Cold Storage Ltd (1957), insurers generally agreed to
A. give up their subrogation rights against workers who negligently injure their fellow employees in
the course of employment.
B. waive their subrogation rights between subsidiary and associated companies of an insured.
C. use the independent liability method for the calculation of contribution.
D. pursue subrogation rights against directors on the grounds of vicarious liability.
A. give up their subrogation rights against workers who negligently injure their fellow employees in
the course of employment.
What case does this refer to:
‘a worker injured a fellow employee in the course of his employment. The injured employee recovered damages from his employer because they were vicariously liable. The employer then proceeded to bring a successful action against the negligent employee to recover what they had paid. However, criticism of the industry led insurers to generally agree to give up their subrogation rights in such cases’
Lister v. Romford Ice and Cold Storage Ltd
Tina has an insurance policy which contains a contribution condition known as an escape clause.
She takes out a second policy with another insurer, but despite the cover under the two policies
overlapping, the original policy is NOT avoided using the escape clause. This is because
A. both policies have an escape clause so they cancelled each other out.
B. statute law prohibits the use of escape clauses.
C. Tina has notified both insurers of the double insurance.
D. Tina has obtained the consent of her insurers
D. Tina has obtained the consent of her insurers
What is an escape clause?
A condition that effectively forbids the insured from taking out another policy without the consent of insurers on the same risk.
On an escape clause what happens if a person takes out two policies and both prohibit other insurances?
The second policy never operates because of the existing policy in force. The first insurers are liable for the loss
An insurer is entitled to make a profit following
A. abandonment of property by the insured.
B. contribution from another insurer.
C. exercise of subrogation rights.
D. settlement by indemnity.
A. abandonment of property by the insured.
What is the main purpose of subrogation?
It is to prevent someone form unfairly profiting from their loss
What two ways can subrogation operate?
where the insured has succeeded ‘in recovering for the same loss twice’ i.e collected a claim payment from the insurers and also recovered compensation from another source.
-insurers who have indemnified the insured in respect of the loss may themselves bring an action against the third party who is legally responsible for it
For subrogation to arise, what must the insured actually have succeeded from:
‘recovering for the same loss twice’ i.e collected a claim payment from his insurers and also recovered compensation for the same loss from another source
What is contribution?
The right of an insurer to call upon others similarly, but not necessarily equally liable to the same insured to share the cost of an indemnity payment
What are the three subrogation right sources
In tort
In contract
Under statute
Two policies with different insurers cover the same loss of £12,000. The limit of liability is £20,000
under policy X and £40,000 under policy Y. Neither policy is subject to average or has a non
contribution clause, but policy X is subject to a £4,000 excess. Using the independent liability
method of calculating contribution, what amount will policy X contribute towards the claim
payment?
A. £2,000
B. £4,000
C. £4,800
D. £7,200
C. £4,800
What are the five common rules for contribution to arise
1- each policy is liable for the loss
- each insurers the same interest in the subject matter
- two or more policies of indemnity exist
- each insurers the subject matter of the loss and
- each insurers the peril which brings about the loss
What the two basis of contribution?
Maximum Liability method
Independent Liability method
Under contribution what is the maximum liability method?
The loss is shared by insurers in proportion to the maximum amount of cover that is available under each policy is equivalent to the sum insured
What is the independent liability of the following:
Policy A- Sum insured £10,000
Policy B- Sum insured £20,000
Loss - £6,000
1- Calculate independent liability of Policy A (the amount payable if A was the only policy in force) £6,000
2- Calculate independent liability of Policy b - £6,000
- the loss is shared in proportion of the two independent liabilities
A pays - £6,000/ 12,000 x £6,000= £3,000
B pays - £6,000/ £12,000 x £6,000 = £3,000
What is the independent liability of the following:
Policy A- Sum Insured £10,000
Policy B- Sum Insured £20,000
Loss- £15,000
Calculate independent liability of policy A -£10,000
Calculate independent liability of policy B- £15,000
The loss is shared in proportion of the two independent liabilities
A pays£10,000/ £25,000 x £15,000 = £6,000
B pays £15,000/ £25,000 x £15,000= £9,000
What is the independent liability of the following:
Policy A- Sum Insured £10,000
Policy B- Sum Insured £20,000
Loss- £6,000
A has an excess of £2,000
1- Calculate independent liability of Policy A £4,000 due to the £2k excess
2- Calculate independent liability of Policy b - £6,000
- the loss is shared in proportion of the two independent liabilities
A pays - £4,000/ 10,000 x £6,000= £2,400
B pays - £6,000/ £10,000 x £6,000 = £3,600
The effect of the European Communities Act 1972 on statutory interpretation is that English courts
must
A. adopt a literal approach.
B. adopt a purposive approach.
C. apply domestic legislation in line with European Community obligations.
D. take into account judgments from the European Court of Justice.
B- A purposive approach
C. apply domestic legislation in line with European Community obligations.
D. take into account judgments from the European Court of Justice.
The Crown consists of A. the armed forces. B. Government ministers. C. the Privy Council. D. the police. E. the reigning Monarch.
A. the armed forces.
B. Government ministers.
C. the Privy Council.
E. the reigning Monarch.
Following a motor accident, an insured may be able to claim for special damages for A. damage to clothing. B. injury to feelings. C. loss of earnings. D. medical expenses. E. pain and suffering.
A. damage to clothing.
C. loss of earnings.
D. medical expenses.
In contract law, acceptance of an offer A. may be achieved by taking no action. B. may be implied by conduct. C. may vary the terms of the offer. D. must be made in writing. E. must exactly match the terms of the offer.
B. may be implied by conduct.
E. must exactly match the terms of the offer.
An agency will be automatically terminated
A. by lapse of time if the agreement was created for a specific period of time.
B. by mutual agreement of the parties.
C. by performance of the task specified in the agreement.
D. on bankruptcy of the agent.
E. on death of the principal.
A. by lapse of time if the agreement was created for a specific period of time.
B. by mutual agreement of the parties.
C. by performance of the task specified in the agreement.
E. on death of the principal.
Which material facts do NOT need to be disclosed by a manufacturing company in an insurance
proposal?
A. Factors which lessen the risk.
B. Facts about a trade which the insurer regularly underwrites.
C. Facts which the insurer’s risk survey should have revealed.
D. Facts which were waived by previous insurers.
E. Unusual features of a risk that the insurer’s standard survey would not reveal.
A. Factors which lessen the risk.
B. Facts about a trade which the insurer regularly underwrites.
C. Facts which the insurer’s risk survey should have revealed.
An insurance contract is subject to waiver by estoppel when an insurer is aware of a breach of a
warranty by an insured, but the insurer then goes on to
A. accept further premiums.
B. advise the insured about future loss prevention.
C. decline to renew the policy.
D. resist a claim on grounds other than breach of warranty.
A. accept further premiums.
B. advise the insured about future loss prevention
D. resist a claim on grounds other than breach of warranty.
Common law rules for the interpretation of insurance policies include the
A. application of a technical or legal meaning.
B. contra proferentum rule.
C. mischief rule.
D. presumption of the ordinary meaning.
A. application of a technical or legal meaning.
B. contra proferentum rule.
D. presumption of the ordinary meaning.
Which insurance terms and conditions can reduce a policyholder’s entitlement to a full indemnity following a loss? A. An average clause. B. An operative clause. C. A policy excess. D. A subrogation clause.
A. An average clause.
C. A policy excess.
An insurer’s subrogation rights may arise A. following an ex gratia payment. B. in contract. C. in tort. D. under estoppel. E. under statute.
B. in contract.
C. in tort.
E. under statute.
When would the court apply the contra proferentem rule?
when an insurance contract is ambiguous
For the contra preoferentem rule to apply what must happen?
There must be genuine ambiguity
What are the three rules of common law rules?
literal rule- primary rule and takes precedence
Golden rule
Mischief rule
Which two branches of civil law have most relevance in the context of insurance? A. Contract and property. B. Contract and torts. C. Property and trusts. D. Torts and trusts.
B. Contract and torts.
Minor civil cases relating to personal injury claims are usually dealt with by the A. county courts. B. Court of Appeal. C. divisional courts of the High Court. D. magistrates courts.
A. county courts.
What is an unincorporated association?
It’s groups of people which has not been incorporated in the same as as corporations
What are the following an example of:
-small social clubs and voluntary organisations with a few participants
Unincorporated association
What are the following an example of:
- small businesses set up as partnerships
Unincorporated association
What are the following an example of:
- trade unions with memberships of a million or more
Unincorporated association
Unlike corporations, what are unincorporated associations not treated like:
not generally treated as separate legal entities.
What are the following an example of:
‘they are simply groups of individuals, each of whom is a natural legal person with their own legal rights and responsibilities’
Unincorporated association
What does it mean by a member who makes a contract on behalf of an unincorporated association has a personal liability under the contract
this means that a member who arranges insurance is personally liable to pay for the cover. the other members of the club will only be liable if they authorise of ratify the contract.
Are members of unincorporated associations generally liable for their own tort even if they are committed in the course of the associations activities?
Yes
Unincorporated association - if a member of a club negligently injures another, will they be personally liable and no other member bear any responsibility?
Yes
What is a lien?
A right to retain the goods of another as security for payment of a debt
A characteristic of a limited company is that
A. all members play an active role in management of the business.
B. details of its financial accounts may be kept private.
C. it must be in business with a view of profit.
D. its activities are defined in the memorandum of association
D. its activities are defined in the memorandum of association
In negligence, what standard of care would be required of a newly-qualified electrician?
A. The standard for the profession only.
B. The standard for the profession but with an allowance for the electrician’s level of inexperience.
C. The standard of a prudent man.
D. The standard of a reasonable man.
A. The standard for the profession only.
One of the requirements for a claimant to succeed in an action for trespass to the person is A. intention. B. negligence. C. prescription. D. recklessness
A. intention.
A claim under a policy of indemnity may be described as a claim for unliquidated damaged. This means what:
the exact amount of the compensation is not known in advance but is to be fixed afterwards on the basis of the loss actually suffered
A gardener who was entitled to £2,000 under a contract with a private client assigned her rights
under the contract to one of her plant suppliers. To be legally valid as a statutory assignment, this
assignment must be
A. absolute.
B. a contract under seal.
C. in writing and signed by the debtor.
D. supported by consideration.
A. absolute.
Statutory assignment is where what happens?
the assignment of a debt or chose in action transfers the underlying legal right to the assignee
Under Statutory assignment what are three ways an assignment must be
a) absolute
b) in writing (although no particular form is necessary)
c) expressly made in writing to the debtor or trustee
If an assignment does not comply with all the requirement for a statutory assignment how will it still take effect?
equitable assignment
What two ways can equitable assignment take place?
1- the assignor informs the assignee that they transfer the chose to them or
2- the assignor instructs the debtor to discharge the obligation by payment.
