In defense of the no discharge after notice rule: A reply

Mr Trukhtanov has made his own summary of and response to my own account of equitable (and statutory) assignment, and how notice of assignment operates within them. Having been reminded of how the cases on the topic are usually understood, readers will have to make up their own minds. While there is...

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Main Author: THAM, Chee Ho
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2010
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Online Access:https://ink.library.smu.edu.sg/sol_research/2217
https://ink.library.smu.edu.sg/context/sol_research/article/4169/viewcontent/InDefenseNoDischargeAfterNoticeRule_2010_LQMCLQ.pdf
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spelling sg-smu-ink.sol_research-41692017-08-11T02:34:37Z In defense of the no discharge after notice rule: A reply THAM, Chee Ho Mr Trukhtanov has made his own summary of and response to my own account of equitable (and statutory) assignment, and how notice of assignment operates within them. Having been reminded of how the cases on the topic are usually understood, readers will have to make up their own minds. While there is, always, room for further thought, it is important not to lose sight of two fairly important distinctions. Where A is the debtor, B is the creditor, and C is an assignee to whom B has assigned the chose in action arising from A’s debt obligation, a distinction should be drawn between: the question to whom the debtor is liable; and what the debtor is obliged to do to be discharged from that debt obligation. A distinction should also be drawn between cases where A has paid B in satisfaction of the contractual promise (thus discharging the contractual obligation by precise performance) and cases where A has not. 2010-01-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2217 https://ink.library.smu.edu.sg/context/sol_research/article/4169/viewcontent/InDefenseNoDischargeAfterNoticeRule_2010_LQMCLQ.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Commercial Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Commercial Law
spellingShingle Commercial Law
THAM, Chee Ho
In defense of the no discharge after notice rule: A reply
description Mr Trukhtanov has made his own summary of and response to my own account of equitable (and statutory) assignment, and how notice of assignment operates within them. Having been reminded of how the cases on the topic are usually understood, readers will have to make up their own minds. While there is, always, room for further thought, it is important not to lose sight of two fairly important distinctions. Where A is the debtor, B is the creditor, and C is an assignee to whom B has assigned the chose in action arising from A’s debt obligation, a distinction should be drawn between: the question to whom the debtor is liable; and what the debtor is obliged to do to be discharged from that debt obligation. A distinction should also be drawn between cases where A has paid B in satisfaction of the contractual promise (thus discharging the contractual obligation by precise performance) and cases where A has not.
format text
author THAM, Chee Ho
author_facet THAM, Chee Ho
author_sort THAM, Chee Ho
title In defense of the no discharge after notice rule: A reply
title_short In defense of the no discharge after notice rule: A reply
title_full In defense of the no discharge after notice rule: A reply
title_fullStr In defense of the no discharge after notice rule: A reply
title_full_unstemmed In defense of the no discharge after notice rule: A reply
title_sort in defense of the no discharge after notice rule: a reply
publisher Institutional Knowledge at Singapore Management University
publishDate 2010
url https://ink.library.smu.edu.sg/sol_research/2217
https://ink.library.smu.edu.sg/context/sol_research/article/4169/viewcontent/InDefenseNoDischargeAfterNoticeRule_2010_LQMCLQ.pdf
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