If an action in respect of loss or damage to goods1 covered by a contract of carriage2 is brought against a servant or agent of the carrier3, such servant or agent not being an independent contractor, such servant or agent is entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under the Hague-Visby Rules4. The aggregate of the amounts recoverable5 from the carrier, and such servants and agents, must in no case exceed the limit provided for in the Rules
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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