Private Law Theory

In Pegasus v Ernst & Young the advice from Mr Justice Mann was that: ‘Whatever the metaphysician may say, the law says that the loss flowing can and should still be treated as a loss of the assignor which the assignee can recover. Black holes are to be (as all black holes should be) avoided where possible’. So what are these black holes we need to avoid? In our universe, this arises because only a party to the contract can make a claim and the party to whom a contract is assigned cannot recover more than the original party … (more)

[Shy Jackson, Thomson Reuters Construction Blog, 29 March 2023]