Principles of assignment on accrued causes of action

It is submitted that it is a common practice in the construction industry for contractors to give guarantee to employers for rectification of defects by way of collateral warranties. It is also normal for employers to assign these warranties to subsequent purchasers or lessees to enable them to dire...

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Main Author:	Ching, Chen Leng
Format:	Thesis
Language:	English
Published:	2016
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/60939/1/ChingChenLengMFAB2016.pdf
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id	my-utm-ep.60939
record_format	uketd_dc
spelling	my-utm-ep.609392021-01-13T08:53:23Z Principles of assignment on accrued causes of action 2016-09 Ching, Chen Leng TH Building construction It is submitted that it is a common practice in the construction industry for contractors to give guarantee to employers for rectification of defects by way of collateral warranties. It is also normal for employers to assign these warranties to subsequent purchasers or lessees to enable them to directly sue the contractors when defects occur. This mechanism is effective if the defects occur subsequent to the assignment. The general principle is that the assignment may not be effective if the defects or the cause of actions are already in existence at the time when the assignment is made. However, this may not always necessarily be the case. A brief examination of the case law on this issue shows that there are certain situations, by applying certain principles, considering the wordings of the assignments and the facts of the case, courts have allowed claims for accrued cause of actions under collateral warranties. The objective of this research is to identify the principles that the judges used when dealing with the assignments that involved accrued cause of action. The methodology used in this research is by way of quantity analysis of the relevant case law. The scope of this research includes Malaysian and English cases on assignment of collateral warranty and accrued cause of action. In particular, the assignment required from the building contractor to the subsequent building owner. From the analysis, it was found that the assignment only covers the damages caused before the assignment is made and not the right to sue against the loss caused after the assignment. Further, if there is a prohibition that prevents the transfer of contract, it includes the prohibition of assignment as well; and if the assignment requires prior consent of the parties, the assignment without consent would be invalid. 2016-09 Thesis http://eprints.utm.my/id/eprint/60939/ http://eprints.utm.my/id/eprint/60939/1/ChingChenLengMFAB2016.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:94136 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Ching, Chen Leng Principles of assignment on accrued causes of action
description	It is submitted that it is a common practice in the construction industry for contractors to give guarantee to employers for rectification of defects by way of collateral warranties. It is also normal for employers to assign these warranties to subsequent purchasers or lessees to enable them to directly sue the contractors when defects occur. This mechanism is effective if the defects occur subsequent to the assignment. The general principle is that the assignment may not be effective if the defects or the cause of actions are already in existence at the time when the assignment is made. However, this may not always necessarily be the case. A brief examination of the case law on this issue shows that there are certain situations, by applying certain principles, considering the wordings of the assignments and the facts of the case, courts have allowed claims for accrued cause of actions under collateral warranties. The objective of this research is to identify the principles that the judges used when dealing with the assignments that involved accrued cause of action. The methodology used in this research is by way of quantity analysis of the relevant case law. The scope of this research includes Malaysian and English cases on assignment of collateral warranty and accrued cause of action. In particular, the assignment required from the building contractor to the subsequent building owner. From the analysis, it was found that the assignment only covers the damages caused before the assignment is made and not the right to sue against the loss caused after the assignment. Further, if there is a prohibition that prevents the transfer of contract, it includes the prohibition of assignment as well; and if the assignment requires prior consent of the parties, the assignment without consent would be invalid.
format	Thesis
qualification_level	Master's degree
author	Ching, Chen Leng
author_facet	Ching, Chen Leng
author_sort	Ching, Chen Leng
title	Principles of assignment on accrued causes of action
title_short	Principles of assignment on accrued causes of action
title_full	Principles of assignment on accrued causes of action
title_fullStr	Principles of assignment on accrued causes of action
title_full_unstemmed	Principles of assignment on accrued causes of action
title_sort	principles of assignment on accrued causes of action
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2016
url	http://eprints.utm.my/id/eprint/60939/1/ChingChenLengMFAB2016.pdf
_version_	1747817771698225152

Principles of assignment on accrued causes of action

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