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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