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This chapter summarises the principal argument of the book, that equitable assignment is a sui generis institution developed by the courts of Equity, and which has two principal effects. One, a ‘trust’ effect, and the other, an unusual ‘agency’ effect. This chapter also briefly explains Wesley Hohfeld'seight fundamental jural relations which will be applied in the analysis of the law in the following chapters.
This chapter sets out the scope and principal claims of the book. It also introduces the major competing conceptions of assignment as are applied outside of Engand and Wales, briefly noting the differences in approach taken in Scotland, some major European jurisdictions, and also in the United States.