Part 1Assignation

Chapter 1Assignation of claims, protection of debtors and related matters

Protection of debtors

I113Performance in good faith where claim assigned subject to condition

1

Subsection (2) applies where—

a

a claim in respect of which an assignation document is granted is subject to a condition which must be satisfied before the claim is transferred,

b

the claim has not yet been transferred by virtue only of the condition not yet being satisfied, and

c

the debtor, or any co-debtor, performs in good faith to the assignee.

2

The debtor, or (where there are two or more co-debtors) each of the co-debtors, is discharged from the claim to the extent of the performance.

3

Section 10(3) applies for the purposes of subsection (2) as it applies for the purposes of section 10(2).