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International Fibre Syndicate Ltd v Dawson, 1901 3 F (HL) 32

International Fibre Syndicate Ltd v Dawson, 1901 3 F (HL) 32


Citation:International Fibre Syndicate Ltd v Dawson, 1901 3 F (HL) 32

Link to case on WorldLII.

Rule of thumb:Can a personal contract be assigned? No, it is only generic contracts which can be assigned/transferred to a new person.

Judgment:

This is a seminal case on the principle of assignation in contract law. The seminal rule from this case is that if someone obtains a contract based upon them personally being appropriate for it, then this is a 'personal contract' that cannot be assigned. However, even in a personal contract, some of the obligations/benefits under it can be assigned to others, with the original person still retaining overall responsibility under it. What are 'personal contracts' and what rights can be assigned, as well as how these rights can be assigned, can lead to differences of opinion.

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Ratio-decidendi:

'The principle that contracts involving delectus personae are not assignable is well rooted in Scots law as well as in the law of other countries. It may, however, be conceded to the appellant that it does not necessarily follow from this that a right may not arise out of an assignable contract which is itself assignable', Lord Robertson at 33

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.