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The Nature of an Assignee's Right to Damages for Breaches of Contract that Occur Prior to Assignment

Journal of Contract Law, Vol. 24, No. 1, pp. 1-21, 2008

Sydney Law School Research Paper No. 08/44

22 Pages Posted: 17 Apr 2008  

Greg Tolhurst

The University of Sydney Law School

Abstract

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.

Keywords: Assignment, Assignment of Contractual Rights, Breach of Contract Prior to Assignment, Assessment of Damages

JEL Classification: K12, K30, K10

Suggested Citation

Tolhurst, Greg, The Nature of an Assignee's Right to Damages for Breaches of Contract that Occur Prior to Assignment. Journal of Contract Law, Vol. 24, No. 1, pp. 1-21, 2008; Sydney Law School Research Paper No. 08/44. Available at SSRN: https://ssrn.com/abstract=1121242

Greg Tolhurst (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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