Nomination provisions oblige the contractor to perform part of the works by sub-contracting to a particular named person1. The extent to which this alters all the contractor's other obligations in relation to that part of the work will always depend on the construction of the terms relating to nomination, of the contract as a whole and all relevant surrounding circumstances. If through insolvency or some other cause the nominated sub-contractor cannot perform, some nomination provisions oblige the contractor to seek a renomination by the employer rather than perform the work himself or immediately relet it
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Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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