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Source Elements of Crimes Official Sources Showing the closest available flashcard practice.

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A writer orally assigned a future royalty payment under an existing publishing agreement to a friend as a gift. The friend gave no value and did not rely. The next day, the writer assigned the same royalty payment to a lender in exchange for a loan.
Who has the stronger assignment claim?

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The friend prevails because the first assignment in time always controls, even if gratuitous and revocable. The author can revoke both assignments because assignments for value are revocable until the obligor pays. The friend and lender share pro rata because successive assignments always divide the right equally. The lender has the stronger claim because the earlier gratuitous assignment was revocable and the later assignment was for value.

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