There is no privity of contract between the employer and the sub-contractor1 or between the architect and the sub-contractor2, although the employer or his architect may rarely nominate the sub-contractor under the provisions of the main contract. The employer may, however, secure a direct warranty from a sub-contractor3. When a nominated sub-contractor subsequently repudiates his contract with the main contractor, there is an implied term of the main contract that the employer or his architect will nominate a replacement4. If the sub-contractor is ordered directly by the employer to do work, the employer must pay him for it5. If
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This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
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