No
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Negotiation
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Assignment
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1.
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Negotiation is effected under Negotiable Act 1881.
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Assignment is effected under Transfer of Property Act 1882.
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2.
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It can be effected by simple by the transferor. Delivery or endorsement.
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Assignment requires written document duly signed.
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3.
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Consideration is presumed
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Consideration must be proved
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4.
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The title of the transferee (i.e. the holder in due course) is better than that of the transferor
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The title of the assignee is subject to the defects and equities in the title of the assignor.
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5.
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Notice of transfer to the debtor by the transferee is not necessary. The acceptor of a bill and the maker of a note are liable on maturity to the holder in due course of the instrument.
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An assignment does not bind the debtor unless notice of the assignment had been given by the assignee to the debtor, and the debtor has expressly or impliedly assented to it.
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6.
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Instruments payable to bearer are negotiated by mere delivery and instruments payable to order are negotiated by endorsement and delivery.
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An assignment can only be made in writing – either on the instrument itself or in a separate document transferring to the assignee the transferor's rights in the instrument.
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Tags:
Law of Contracts