haku: @indexterm assignment problem / yhteensä: 21
viite: 16 / 21
| Tekijä: | Berg, A. |
| Otsikko: | Assignment prohibitions and the right to recover damages for another's loss |
| Lehti: | Journal of Business Law
1994 : MAR, p. 129-194 |
| Asiasana: | ASSIGNMENT PROBLEM CONTRACTS LOSS |
| Kieli: | eng |
| Tiivistelmä: | 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. |
SCIMA