From: Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>
To: Peter Radan <peter.radan@mq.edu.au>
obligations@uwo.ca
Date: 03/05/2021 10:14:19
Subject: Re: Equitable Assignment Query

I'd guess no assignment in equity. As I see it the only way round this would be a very generous reading of Strong v Bird: but I'm not sure if Strong v Bird goes as far as to say that mere unfollowed instructions to an agent give rise to an equity. However, I may well be missing something, and I'm very happy to be told I am. -Andrew

On 03/05/2021 09:22, Peter Radan wrote:
Colleagues,

Something tells me that I maybe should know the answer to this question, but I am not sure that I do, so I would welcome suggestions on this. Add to any reply that the answer is obvious and I should know!

A, (eg a solicitor) has a general power of attorney from B. C owes B $500. B wants to assign the debt to D to hold on trust for E and instructs A to prepare the necessary documents. A does so and advises B of the fact. For whatever reason B tells A to sign the documents pursuant to the power of attorney (alternative scenario, B gives written instructions to that effect). B dies before A signs the documents.

Although the debt has not been assigned at law, has it been assigned in equity? 

Thanks,

Peter


Professor Peter Radan,

Honorary Professor, Macquarie University

Fellow of the Australian Academy of Law

BA, LLB, PhD (Syd), Dip Ed (Syd CAE)


Macquarie Law School  

6 First Walk,  

Macquarie University, NSW, 2109

Australia

Email: peter.radan@mq.edu.au


Blog: https://www.allaboutnothing.info






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Andrew Tettenborn
Professor of Commercial Law, Swansea University

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Andrew Tettenborn
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