The Statement That an Assignee "Takes Subject to the Equities

question 51

Multiple Choice

The statement that an assignee "takes subject to the equities" between the parties means that

• A)for the assignment to be enforced it must be an equitable assignment.
• B)the assignee gets no greater rights against the debtor/promisor than the assignor had.
• C)the debtor/promisor can enforce any rights it has against the assignor against the assignee.
• D)the court must decide whether it is fairer for the assignor or the assignee to be paid under the assignment.
• E)before an assignee can enforce an assignment against the debtor/promisor it must demonstrate fairness.

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Definitions:

Accurate Interpretation

The process of understanding or explaining the meaning of something in a way that is true to its nature or intent.

Words, Images, Gestures

Components of communication that include verbal language, visual elements, and body movements.

Contextualizing

The process of analyzing or placing information in a context to understand its relevance, meaning, or relationship to other information.

Problematic Ambiguity

The characteristic of a word or expression which can have multiple meanings such that uncertainty about exactly which meaning applies in a given context for a given purpose results in troublesome misunderstandings.