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Penalty clauses - recent cases
It is often difficult for contract drafters to know whether a term which provides for financial consequences of a certain event will be construed as a …
Enforceability of exclusion clauses – Court of Appeal decision
In a recent judgment, the Court of Appeal has provided some useful guidance on how the courts might approach the enforceability of exclusion clauses: …
Contractual damages
The judgment of the House of Lords in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48 considered the law on recoverable …
Ensure all important terms are set out in a settlement agreement
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and …
'Reasonable endeavours' undertaking - Commercial Court clarification
"Reasonable endeavours" and “best endeavours” undertakings are very commonly found in contracts of almost every description, and whether a party may be …
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