Actionable claims: assignment and existing liabilities

The definition in section 3 includes specified claims to debt or beneficial interests in movable property, with exclusions for debts secured in the stated ways. It is not interchangeable with a mere right to sue, which section 6(e) addresses. Classification comes before applying the assignment rules.

Section 130 requires an instrument in writing signed by the transferor or a duly authorised agent. Transfer is complete and effectual on execution, whether notice is given or not; the provision also protects certain dealings by a debtor or other person before express notice. Section 131 specifies the form of notice.

Under section 132, the transferee takes subject to liabilities and equities to which the transferor was subject at the transfer date. Assignment does not magically improve a disputed claim. Sections 133–136 address particular warranties, security uses, fire insurance and court-connected officers; section 137 saves negotiable instruments and other specified documents.