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  • Print publication year: 2019
  • Online publication date: October 2019

10 - Giving Notice of Equitable Assignments and Its Effect on Competing Assignees: The ‘Rule’ in Dearle v. Hall

from Part IV - Notice

Summary

This chpater explains how the so-called ‘rule’ in Dearle v. Hall is not a special rule devised in connection with equitable assigments, but us actually the working-out the general rule of priority in equity, that qui prior est tempore potior est jure (‘he who is first in time has the better right’) in light of the Golden Rule, that one should do as one would wish to be done by. This chapter reveals that it is the giving of notice of assignment which is key, so as to bring an assignee within the Golden Rule, thereby potentially putting such assignee in a position of a better equity as compared with an assignee who had not acted in accordance with the Golden Rule.