It is therefore necessary for the parties to the assignment to clearly and unambiguously specify the content and form of the assignee`s obligations with respect to the rights assigned in the employment agreement, including their obligations in circumstances where the assignor is not in default of the secured debt. This clause confers broad powers on practitioners and would, in most cases, allow the practitioner, for example, to suspend a company`s payment obligations under an establishment agreement. It is stated that the practitioner can only suspend obligations and not the entire contract. Account is taken of the fact that contracts are generally a set of rights and obligations. What the law does not say is that the practitioner is entitled to suspend the rights of third parties. The assignment of an accounting debt confers on the bank (more generally the assignor) rights without corresponding obligation of the assignor. However, SCA found that at the time of the bank`s assignment of the judgment debt, there was nothing to do since GD Brews had paid the debt as part of its agreement with Brayton and JP Brews. In the law, the transfer by assignment of a non-existent right is a nullity. The FCC also reviewed the authorized correspondence between the bank`s lawyers and DG Brews` lawyers. It concluded that the parties clearly intended the bank to surrender its request for full receipt of payments.

GD Brews attempted to change its litigated case, assignment being a condition precedent for payment, but the court rejected this attempt because it was inconsistent, among other things, with the deed of assignment. .