The Nature of an Assignee's Right to Damages for Breaches of Contract that Occur Prior to Assignment
University of Sydney - Faculty of Law; Centre for International Finance and Regulation (CIFR)
Journal of Contract Law, Vol. 24, No. 1, pp. 1-21, 2008
Sydney Law School Research Paper No. 08/44
This article examines the nature of an assignee's right to damages where the breach of contract occurs prior to the assignment. In order to avoid what is thought to be a black hole in contract remedies, recent cases have suggested that the assignee recovers for its personal loss whether or not the assignor suffered any loss. This article suggests that that reasoning is misguided and has resulted in an improper fusion of issues that are relevant to the recovery of damages in contract law with principles governing assignments.
Number of Pages in PDF File: 22
Keywords: Assignment, Assignment of Contractual Rights, Breach of Contract Prior to Assignment, Assessment of Damages
JEL Classification: K12, K30, K10Accepted Paper Series
Date posted: April 17, 2008
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