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The Statement That an Assignee "Takes Subject to the Equities

Question 46

Multiple Choice

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


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

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