Publication Type

Journal Article

Version

publishedVersion

Publication Date

11-2017

Abstract

It is commonly accepted that equitable assignees of equitable choses in action may sue obligors of such choses without joining the assignors, and that joinder of equitable assignors of legal choses arising from contract may also be dispensed with, given William Brandt's Sons & Co v Dumlop Rubber Co. This article suggests that the former results from the application of res judicata principles by a court acting within its equitable jurisdiction, and that Brandt's is better understood as having been decided within the court's equitable jurisdiction. Consequently, this paper shows that the law on joinder of equitable assignors is consistent with a non-transfer conception of equitable assignments predicated on a continuing trustee-beneficiary relation between assignor and assignee, albeit one that is augmented by an unusual principal-agent relationship between the assignor and assignee.

Keywords

equitable assignment, equitable chose in action, legal chose in action, William Brandt's Sons & Co v Dunlop Rubber Co, res judicata

Discipline

Contracts

Research Areas

Private Law

Publication

Lloyd's Maritime and Commercial Law Quarterly

Volume

[2017]

Issue

4

First Page

537

Last Page

565

ISSN

0306-2945

Publisher

Informa Business Intelligence

Copyright Owner and License

Publisher

Additional URL

https://www.i-law.com/ilaw/doc/view.htm?id=384419

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