Knowledge Hub Archive - August 2017

All Damage Is In A Sense Consequential – So What In Law Are Consequential Losses?

Written by Andrew Tweeddale | 03/08/2017

Sub-Clause 17.6 of FIDIC’s Red, Yellow and Silver Book is an exemption clause and provides in the opening paragraph that: “Neither Party shall be liable to the other Party for loss of use of any Works, loss of profit, loss of any contract or for any indirect or consequential loss or damage which may be suffered by the other Party in connection with the Contract…” The phrase ‘indirect or consequential loss or damage’ has been examined by the English courts on numerous occasions. Historically the words ‘consequential loss’ were held to be synonymous with ‘indirect loss’. However, a recent case questions whether this will be correct in all cases. ...

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Mistake In English Law: Two Recent Cases

Written by Joanne Clarke | 03/08/2017

English law recognises different types of mistake and permits various equitable remedies in case of mistake, as illustrated by the two English court decisions examined in this article....

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Pink Or Blue – How Strict Are The Notice Requirements?

Written by Sara Ehsani | 03/08/2017

It is fair to say that a great number of disputes address the issue of notices ranging from notices for extension of time, to termination notices and notices of dissatisfaction. One of the crucial issues that is often in dispute is the compliance with the requirements set forth by the contract and hence the validity of a notice....

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Penalty Clauses Down Under

Written by Victoria Tyson | 03/08/2017

Whilst it is widely understood that the law on liquidated damages differs considerably between common law and civil law jurisdictions, there are also differences within common law jurisdictions which are sometimes overlooked. This article summarises the recent developments to the law on penalties in England and Wales, as reported by Steve Mangan in May 2016[1], and compares them with the developments to the law on penalties in Australia....

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