first dealt with the terms of the assignment and stated that the action provided that “the transferor as beneficial owner and in exchange for valuable consideration. gives the buyer absolutely all the advantages of the construction guarantees” (emphasis added). His honor noted that the provisions of the deed of assignment in relation to the entry of P&O and Tzaneros into the deed must be interpreted when they knew that there had been cracks in the sidewalks, and therefore must have considered a claim against WGC for breach of warranty. In addition, His Honour concluded that the ordinary and natural meaning of the words “all benefits of construction warranties” included the right to sue for violations that occurred prior to the date of assignment. His honour stated that if the parties had intended to limit the assignment to violations that occurred after the execution of the assignment, “they would have expressly stated so”. WGC argued that it had not consented to the assignment in such general terms. In particular, WGC relied on the fact that the letter provided that consent to the assignment would be given “from the date of sale”. This argument failed for two reasons. First, His Honour signified that consent could not affect scope and noted that “WGC has accepted the assignment or not” and that the letter clearly functions as the rich in consent under clause 9.1 of the Terms and Conditions of the D&C Contract.
Second, his honour held that if the letter was correctly interpreted “from the date of sale”, it could not be interpreted “in such a way as to limit consent with regard to the extent of the assignment”. Instead, that date was interpreted in such a way as to identify the date from which the assignment would take effect. [Citation required] A > guarantee most often indicates that the beneficiary may assign its interest to a guarantee guarantee (sometimes subject to the approval of the guarantor), although there are probably some restrictions on the frequency of the assignment of interest or the assignment is not necessarily in writing; However, the assignment contract must intend to transfer rights. The consequence of a valid assignment is that the right (i.e. the contractual relationship, including the right of recourse) between the assignor and the third party obliged to lapse and creates a right between the debtor and the maintenance recipient. Intellectual property, including patents, copyrights and trademarks, may be transferred, but special conditions are attached to the assignment of patents and trademarks. . . .