Journal of Contract Law, Vol. 24, No. 1, pp. 1-21, 2008
22 Pages Posted: 17 Apr 2008
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: 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