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Report No. 66

8.10. Modes of assignment.-

There are four conceivable reasons for which the assignment of a chose in action may bind the assignor-(a) it transfers his whole interest to the assignee; (b) it transfers his equitable interest to the assignee and thereby converts the assignor into a trustee; (c) it effectively constitutes other persons trustees of the chose in action; or (d) the assigner is bound by contract to the assigned to aid him to recover the 'chose'.2 What is known in England as chose in action is, broadly speaking, known to Indian lawyers as an actionable claim. This difference in terminology makes no difference to the legal position. The operation of a device adopted to effectuate assignment of an actionable claim will, therefore, depend on which of the above reasons applies to the device adopted.

1. Para. 8.20, infra.

2. See (1932) 48 LQR 550.

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