Ramirez loaned Regalado $75,000. In return, Regalado assigned $65,000 of his eventual recovery in a workers compensation
Question:
Ramirez loaned Regalado $75,000. In return, Regalado assigned $65,000 of his eventual recovery in a workers’ compensation matter on which Bloom represented him. Bloom signed the assignment along with Ramirez and Regalado, agreeing “to disburse the proceeds of the aforementioned settlement, award or judgment in accordance with the terms” of the assignment. When the matter settled, however, Bloom paid the proceeds to Regalado despite the terms of the assignment because a relevant state law expressly prohibited the assignment of funds due or received from a workers’ compensation claim. Regalado never turned the funds over to Ramirez. Ramirez sued Bloom and Regalado for breach of contract, arguing (as the claims related to Bloom) that the policy is in favor of free assignability. Is this argument correct?
Step by Step Answer:
Business Law The Ethical Global and E-Commerce Environment
ISBN: 978-1259917110
17th edition
Authors: Arlen Langvardt, A. James Barnes, Jamie Darin Prenkert, Martin A. McCrory