Where the employer instructs the contractor to obtain specified materials from a particular manufacturer or supplier, whether by formal nomination or by simple designation, the employer may not rely on the skill and judgment of the contractor in selecting such materials. Accordingly the implied term of the main contract as to suitability may not extend to materials supplied by a nominated supplier1. Where such materials are defective only by reason of being unfit for their purpose, and where the employer did not seek and rely on the main contractor's skill and judgment in respect of them, the employer will
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
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Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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