Question
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,
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?
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?
I hope this makes sense!
Thank you in advance!
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