burden of a contract made between others. The general rule is that the burden of an exclusion clause in a contract between the seller of goods and a shipper does not bind a third party, such as the buyer of goods under shipment. However, there are some exceptions. In Pyrene Co Ltd v Scindia Steam Navigation Co Ltd, a contract for the sale of goods provided that the buyer : A person who owns a contractual right, such as a debt, can assign that right to a third party, subject to certain conditions. As a consequence, the person to whom the right has been assigned may then sue the debtor. At common law, assignments were generally not recognised, unless there was a novation under which the debtor agreed to the assignment. In these circumstances, the

doi:10.4324/9781843141518-309

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ABSTRACT

A person who owns a contractual right, such as a debt, can assign that right to a third party, subject to certain conditions. As a consequence, the person to whom the right has been assigned may then sue the debtor. At common law, assignments were generally not recognised, unless there was a novation under which the debtor agreed to the assignment. In these circumstances, the right of the assignee is said to be based on an agreement with the debtor.56