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Equitable Assigments of Debt FAO: Font22 & TheVan esp.

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  • 16-04-2006 2:25pm
    #1
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,715 Admin ✭✭✭✭✭


    Hey, I'm finding it hard to get my head around this concept, in particular the case Gorringe v Irwell India Rubber & Gutta Percha Works. In the notes, I have a very sketchy and hard-to-read version of the events, such that:
    1. C owed money to A, and A owed money to B.
    2. A indicated to B that it held £425, due to A from C, on B's behalf. [Wtf?]
    3. C only received notice from B of 2. after A had commenced liquidation.

    Issue:Had an equitable assignment come into being (as between A and B)?

    What in good God is supposed to be going on in this case? I'm struggling with 2. and what it means.

    Thanks for any help in advance.


Comments

  • Registered Users Posts: 1,341 ✭✭✭andy1249


    I'll hazard a guess , A owes B money , instead of paying directly A is trying to pass the responsibility for the Debt to C ( who owes A money ) . I other words A is trying to transfer his debt to C .

    The question is , is this legal , given the notice to C after liquidation.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,715 Admin ✭✭✭✭✭hullaballoo


    Ok, so who's the factor?


  • Closed Accounts Posts: 738 ✭✭✭TheVan


    Hull that is a very complicated case! it took me a while to figure it out....ill explain it when I return to Dublin! Took me a while....reading the case actually helps and so does the book....which i suspect you don't have on ya! Between myself and Font22 we'll save ya!


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,715 Admin ✭✭✭✭✭hullaballoo


    TheVan wrote:
    reading the case actually helps and so does the book....which i suspect you don't have on ya!
    TheVan knows me freakishly well.

    Right, cheers for that. I reckon I'll peruse the case in due course.


  • Registered Users Posts: 4,010 ✭✭✭besty


    TheVan knows me freakishly well.

    Right, cheers for that. I reckon I'll peruse the case in due course.
    Peruse, I like that.


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