Joinder of equitable assignors of equitable and legal choses in action
It is commonly accepted that equitable assignees of equitable choses in action may sue obligors of such choses without joining the assignors, and that joinder of equitable assignors of legal choses arising from contract may also be dispensed with, given William Brandt's Sons & Co v Dumlop R...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2017
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/2505 https://ink.library.smu.edu.sg/context/sol_research/article/4463/viewcontent/JOINDER_OF_EQUITABLE_ASSIGNORS_OF_EQUITABLE_LMCLQ_pv.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | It is commonly accepted that equitable assignees of equitable choses in action may sue obligors of such choses without joining the assignors, and that joinder of equitable assignors of legal choses arising from contract may also be dispensed with, given William Brandt's Sons & Co v Dumlop Rubber Co. This article suggests that the former results from the application of res judicata principles by a court acting within its equitable jurisdiction, and that Brandt's is better understood as having been decided within the court's equitable jurisdiction. Consequently, this paper shows that the law on joinder of equitable assignors is consistent with a non-transfer conception of equitable assignments predicated on a continuing trustee-beneficiary relation between assignor and assignee, albeit one that is augmented by an unusual principal-agent relationship between the assignor and assignee. |
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