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Part II The Transfer of Intangible Property, 16 Assignments under Section 136 of the Law of Property Act 1925

From: The Law of Assignment (3rd Edition)

Marcus Smith, Nico Leslie

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 26 January 2021

Breach of contract — Damages and choice of law

This chapter focuses on section 136 of the Law of Property Act 1925, which entitles an assignee of a debt or other legal chose in action to recover it by way of proceedings brought in his own name, provided the conditions of the section are met. For an assignment to fall under section 136, the assignment must be of a debt or other legal chose in action; the assignment must be absolute and not purport to be by way of charge only; the assignment must be in writing under the hand of the assignor; and the debtor must be given express notice in writing of the assignment. Section 136 has no effect in rendering assignable choses that could not otherwise be assigned in equity, nor does it have the effect of expanding the circumstances in which a chose in action can properly be assigned.

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