TPA Chapter 8: Transfers of actionable claims

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Chapter 8: study check

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1. 1.What form does section 130 require for transfer of an actionable claim?

   A signed written instrumentAn unsigned oral promise only
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   The instrument must be signed by the transferor or a duly authorised agent; execution completes the transfer, subject to the provision's protections.

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2. 2.Does an assignment erase all existing equities against the claim?

   Yes, changing creditors erases every defenceNo; section 132 subjects the transferee to existing liabilities and equities
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   The transferee takes subject to the liabilities and equities affecting the transferor at the date of transfer.

   Read section 132 →