Moveable Transactions (Scotland) Act 2023

9 Warrandice implied in the assignation of a claim

(1) Subsections (2) to (5) apply except in so far as the assignor and the assignee agree otherwise.

(2) In granting, for value, an assignation document in respect of a claim, the assignor is taken to warrant to the assignee that—

(a) the assignor is entitled to, or (in the case of any such claim as is mentioned in section 1(4)) will be entitled to, transfer the claim to the assignee,

(b) the debtor is obliged to, or (when performance becomes due) will be obliged to, perform in full to the assignor, and

(c) the assignor has done nothing, and will do nothing, to prejudice the assignation.

(3) In granting, other than for value, an assignation document in respect of a claim, the assignor is taken to warrant to the assignee that the assignor will do nothing to prejudice the assignation.

(4) In granting an assignation document in respect of a claim (whether or not for value), the assignor is not taken to warrant to the assignee that the debtor will perform to the assignee.

(5) Subsections (2) to (4) apply in relation to providing, in a contract or unilateral undertaking, for the assignation of a claim as they apply in relation to the granting of an assignation document in respect of a claim.