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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long has the payment been in dispute?
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1. Dear *****e, as your contract was with MBC, the payment obligation which arose as a result of the performance of the contract was with MBC as well. So, in law, MBC, has the obligation to pay you. Not some subsidiary company. The liability of MBC to pay you arises because one party to the contract - MBC - cannot divorce the payment obligation from the performance of the contractual obligations. So here, you should be suing MBC for the payment of the monies owing. The device of putting one of the subsidiary companies into liquidation does not work to put an end to the payment obligation. Every part of the performance of an obligation in a contract gives rise to a corresponding payment obligation. So here, you are simply seeking payment for the performance of the contract.
2. Similarly, the device of novation, does not put an end to the obligation of payment in reciprocation for the performance of the contract. Novation does not put an end to the obligations of a party to a contract. So, this fictitious device of novation does not put an end to MBC's obligation to pay you. This is purely a red herring argument put forward to throw dust in the air and make you believe you should settle for less than full payment.
3. These principles of performance giving rise to a reciprocal obligation of payment are simply first principles of the law of contract. I know of no legal authority which states these principles as they are considered obvious first principles of contract law.
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