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Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd
''Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd'' () (UKHL 4 ) is an English contract law case concerning assignment and privity of contract.
==Facts==
Stock Conversions Ltd, the lessee of a building, used a JCT standard form contract to hire Lenesta to remove asbestos. Clause 17(1) said "The employer shall not without written consent of the contractor assign this contract." Lenesta subcontracted another firm to do the job. More asbestos was soon found, and a third business was contracted. Then Stock Conversions Ltd assigned the building lease to Linden Gardens. Linden Gardens sued the contractors for negligence and breach of contract. The lessee assigned its right of action to Linden Gardens, and more asbestos was found, without Lenesta ever having consented. The Court of Appeal found the assignment was effective. Lenesta appealed.
In a second joined case, St Martin's Property Corp Ltd had been granted a 150-year lease on a site from a council where they began a shop development, and in 1974 used the JCT standard contract with the same clause 17 to hire Sir Robert McAlpine as a builder. They assigned their interest and the benefits of the contracts to another company, without Sir Robert McAlpine Ltd's consent. Then in 1981 it was found that the building work was defective, and remedial work would cost £800,000. The Court of Appeal by a majority held the assignment was invalid but that St Martin's Property Corp Ltd was entitled to damages.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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