Breach of a Prohibition of Assignment Essay Example | Topics and Well Written Essays - 4500 words

Breach of a Prohibition of Assignment - Essay Example The researcher states that when BTC, the ultimate creditor, took up its claims with principal debtor, BoZ, the latter avoided it on the ground that the assignments were carried out without their consent. This was validated in Court serving as the classic example of enforcement of existing laws. Again, while considering 2007 case of Ruttle Plant Ltd v. Secretary of State for the Environment and Rural Affairs, Courts took a view that grant of the remedy of rescission and the requirement of counter-rescission was a matter for the court to decide at the time when it came to considering whether to grant that remedy. However, there has been a marked departure from judicial precedent in the British Energy case. One of the assignees, after Bank of America, Credit Suisse disclaimed their liability stating that they were not parties, but merely assignees of Bank. However, the Courts felt that Credit Suisse had entered into the option concurrence through Barclays, that Credit Suisse was a party to the option agreements and was held by the restrictions in, among other, Clause 31. Thus, CS was held responsible although they were only assignees and not part of an original contract. Assignments on breach of a prohibition of Assignment would be decided according to the facts and issues surrounding each case and needs to be seen with disparity, dispassion, and detached nondiscrimination. The distressed third group may seek recompense for harm, or ban. In English law, the universal rule is that devolution of agreement may be allocated to the third party, if the agreement or contract is a private agreement, or contract encloses constraints on contract. The approval of the third party may be viewed as one of the main aspects of a valid contract. â€Å"In English contract law, an assignment involves an 'assignor' transferring some or all of its rights under a contract to an 'assignee', so that the assignee is entitled to the corresponding performance directly from, and can enforce those rights against, the non-assigning party. An assignment in itself does not create a contract between the assignee and the non-assigning party nor does it make the assignee a party to the original contract.†

Analyze life in America or Europe during the Roaring 20s as depicted Essay

Analyze life in America or Europe during the Roaring 20s as depicted in the works of F. Scott Fitzgerald or Ernest Hemingway - Essay Example The improvement in the field of women’s rights and increased social freedom produced a new type of a modern looking short-haired, sexually liberated woman. Americans had more leisure time and literature, as well as art, became a national pursuit for them. Among the dazzling heroes of the Roaring Twenties was F. Scott Fitzgerald who had the talent of describing the high life he himself was a part of and simultaneously detached from as an observer. Though he was not recognized as a gifted writer during his lifetime, his somber side was recognized by very few readers. It was not until after Fitzgerald’s death that the readers recognized his worth. He used to write amateur lyrical comedies while attending Princeton University which he left without attaining a degree. The true depiction of the pleasure seeking generation of the Roaring Twenties was seen in his first novel â€Å"This Side of Paradise† followed by a similar novel â€Å"The Beautiful and Damned†. Some of his collections of short stories such as the â€Å"Flappers and Philosophers† and â€Å"Tales of the Jazz Age† also increased his reputation. Fitzgerald’s masterpiece â€Å"The Great Gatsby† did not receive as much fame as the ones written before but this story was uniquely moralistic revolving around a wealthy bootlegger Jay Gatsby. It seemed Fitzgerald could see the moral bleakness that the American society confronted in the 1920s. The characters that Fitzgerald chose in his works were very close to the flaws of real life which he was depicting in nearly all his novels. The Roaring Twenties brought with it a chaotic lifestyle of the Americans with heavy alcoholism common in most of the households. Fitzgerald himself was a part of this fast moving generation and it has been widely known that his personal life marred his career as a literary writer. His work was not much appreciated during his lifetime but critics agree that after his death most of his works got