LAW4170 Study Guide - Final Guide: Electronic Waste, Subrogation, Beneficial Ownership
Document Summary
C is attempting to assign her right to commission under her contract with tp to. Trust by transfer transfers title to tom who holds property on trust for cfs. Yes, tom receives legal title but held on trust for cfs. Is there certainty of intention yes, evidenced by doc (beneficiary) As in shepherd, the right to receive $ under a presently existing contract is a legal chose in action which is recognised by the cl and can be subject matter of a trust. C"s assignment seems valid here because she is assigning the underlying contractual rights to the commission, rather than the actual commission itself (which is future property therefore not assignable) shepherd. So c still has a physical right to assign. Nb, as in shepherd, it doesn"t matter that the contract doesn"t require her to sell the company"s phones since she still has an enforceable contract with tp.
