The Property Law Act
November 1, 2022
In relation to assignment
If someone assigns property following s 199 of the Property Law Act, but the assignor forget to sign the assigned deed, meaning legal assignment is ineffective, does that mean that it cannot be assigned under s 200 of the Property Law Act under equity because the assignor is required to sign the deed and s 200 is only enacted if the assignment can be enforced without the the assignor?Â
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Also, is the only other way the assignment may be assigned by valuable consideration and intent to assign? if the facts were about the sale of a company, and the assignor was assigining all rights and obligations under the contract (also a novation) would the selling of the business in exchange for money be considered valuable consideration?
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