2.Equitable assignments, 3A Fla.

Jur 2d Assignments 2

3A Fla. Jur 2d Assignments 2 Florida Jurisprudence, Second Edition Database updated August 2013 Assignments Thomas Muskus, J.D. I. In General Topic Summary Correlation Table References 2. Equitable assignments West's Key Number Digest West's Key Number Digest, Assignments 48 Forms Florida Pleading and Practice Forms 60:2 (Equitable assignments) Florida Pleading and Practice Forms 60:6 (ChecklistDrafting a complaint by assignee of an equitable assignment) Certain kinds of instruments have been recognized by the courts as valid equitable assignments, where it is necessary to effectuate the plain intent of the parties or where to hold otherwise would be unjust. 1 No particular words or form of instrument is necessary to effect an equitable assignment, and any language, however informal, which shows an intention on one side to assign a right or chose in action and an intention on the other to receive it, if there is a valuable consideration, will operate as an effective equitable assignment. 2 The true test of an equitable assignment is whether the debtor would be justified in paying the debt to the person claiming as assignee. 3 Any order, writing, or act which plainly makes an appropriation of a fund or debt, or a part of a fund or debt, may constitute an equitable assignment. 4 An equitable assignment may be parol, or partly in writing and partly oral. 5

Practice Tip: An equitable assignment has been distinguished from a legal assignment in that a legal assignment relates to a thing in being, while an equitable assignment relates to contingent interests, expectancies, and things potential. 6

Footnotes SourceTrack, LLC v. Ariba, Inc., 958 So. 2d 523 (Fla. Dist. Ct. App. 2d Dist. 2007); Giles v. Sun Bank, N.A., 450 So. 2d 258 (Fla. 1 2 3 4 5 6
Dist. Ct. App. 5th Dist. 1984). 19. Giles v. Sun Bank, N.A., 450 So. 2d 258 (Fla. Dist. Ct. App. 5th Dist. 1984). McClure v. Century Estates, 96 Fla. 568, 120 So. 4 (1928). McClure v. Century Estates, 96 Fla. 568, 120 So. 4 (1928). Am. Jur. 2d, Assignments 5.
2013 Thomson Reuters. No claim to original U.S. Government Works.

End of Document

2013 Thomson Reuters. No claim to original U.S. Government Works.