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| Author: | Berg, A. |
| Title: | Assignment prohibitions and the right to recover damages for another's loss |
| Journal: | Journal of Business Law
1994 : MAR, p. 129-194 |
| Index terms: | ASSIGNMENT PROBLEM CONTRACTS LOSS |
| Language: | eng |
| Abstract: | The decision of the House of Lords in Linden Gardens resolves the long-standing uncertainty about whether, if a contract prohibits assignments, an assignment is nevertheless effective to vest contractual rights in the assignee. A separate, more fundamental consequence is to weaken the principle that substantial damages for breach of contract are recoverable only in respect of a loss which the plaintiff himself suffered. The decision indicates scope for contract law to compensate, in part, for the curtailment of tortious liability for pure economic loss in D&F Estates v. Church Commissioners and Murphy v. Brentwood District Council. |
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