| 000 | 01312cab a2200229 4500 | ||
|---|---|---|---|
| 001 | WB2808-05 | ||
| 008 | 090401t1992 xxu||||| |||| 00| 0 eng d | ||
| 035 | _a(Sirsi) u39264 | ||
| 041 | _aeng | ||
| 245 | _aDamages claim validly assigned | ||
| 260 | _c1992 | ||
| 350 | _a0 | ||
| 490 |
_aFinancial Times _v19 February 1992, 38(2) |
||
| 520 | _a"Linden Garden Trust Ltd v Lenesta Sludge Disposals Ltd and others" CA 13 February 1992. "St Martins Property Corporation Ltd and another v Sir Robert McAlpine & Sons Ltd" CA 13 February 1992. The CA considered consecutive appeals by the parties in preliminary issues. Held that prohibition of assignment of a contract without contractor`s consent under the JCT form of building contract invalidates assignment of the benefit of the contract, but does not prevent assignment of non-personal rights arising under the contract including accrued rights to substantial damages for defective work. The assignee can therefore claim for causes of action arising before assignment. Appeal in first action allowed, appeal in second action dismissed. | ||
| 650 | _aASSIGNMENT | ||
| 650 | _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS | ||
| 650 | _aDAMAGES | ||
| 650 | _aJCT FORMS | ||
| 690 | _aBUILDING AND CONSTRUCTION-CASE LAW | ||
| 942 | _n0 | ||
| 948 | _c04/03/1997 | ||
| 999 |
_c25202 _d25202 |
||