What is the test for making a valid assignment of a contract?
Saskatchewan, Canada
The following excerpt is from Union Bank v. Dutczak, 1924 CanLII 99 (SK CA):
The decision in Shaw v. Foster (1872) L.R. 5 H.L. 321, 42 L.J. Ch. 49, does not apply to the facts of the present case. In that case the purchaser deposited his contract with a bank and agreed in writing to execute a valid assignment of the contract to the bank if the bank should at any time request him to do so. The bank gave the vendor notice of this agreement but made no further communication to him until after the sale was completed. On these facts it was held that the vendor was not bound by the notice and was not put on inquiry whether the purchaser had been requested to make or had made a valid assignment. There was also no notice of the deposit of the contract as there was in the present case.
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