Why not? If I buy an asset from you which has been damaged by X's negligence I can take an assignment of your cause of action against X and sue him. It should make no difference that X has compromised not the thing but your title to it.


Gerard Sadlier <gerard.sadlier@gmail.com> wrote:


Dear all,

I'd be most grateful for any cases or other material you can recommend
relating to the following hypothetical.

Suppose that:

1. A acquires an asset. Due to the professional negligence of A's
adviser, their acquisition is voidable.

2. A subsequently sells the  asset to B, who is aware of the
voidability of A's title to the asset when B buys the asset. (The deed
of transfer is sufficiently widely drafted to transfer any cause of
action A may have had for professional negligence.)

3. B's title is subsequently avoided.

Could B sue A's professional advisers in contract or tort for the loss
B suffered?

Many thanks.

Ger