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2 results

  • 8 - Joinder of Assignor in Common Law Proceedings

  • from Part III - Joinder
  • C. H. Tham, Singapore Management University
  • Book:
    Understanding the Law of Assignment
    Published online:
    10 October 2019
    Print publication:
    17 October 2019, pp 171-178

  • Summary

    This chapter explains how the courts of common law, by way of contrast to the courts of equity, were only in a position to recognise equitable doctrines such as equitable assignment. However,they were unable to give effect to such doctrines: they could not (and still may not) grant common law remedies to enforce such equitable entitlements. This resulted in a potential problem of proceedings being brought at common law, as well as in equity. Consequently, to forestall such problems, joinder of the assignor of a common law chose even when proceedings were brought in equity became the norm.