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Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

The following Commercial news provides comprehensive and up to date legal information on Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

The following Commercial news provides comprehensive and up to date legal information on Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Featured Commercial content

Fiduciary Duties

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

Conditions precedent in commercial contracts

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

Mistake in contract law

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

Repudiation

Repudiation

This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...

Practice notes

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...
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9th Nov
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Practice notes

Nature and types of agency

BrexitAs of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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9th Nov
Practice notes

Agreements to agree

This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...
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9th Nov
Practice notes

Bailment

This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...
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Produced in partnership with Quentin Tannock of 4 Pump Court 12th Jan
Practice notes

Digital Content Directive—summary

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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9th Nov
Practice notes

Carriage of goods by sea—charterparties

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key...
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Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan
Practice notes

Information society services and e-commerce

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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9th Nov
Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...
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Produced in partnership with Tim Wright of Fladgate 12th Jan
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Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
tag iconCOVID-19 tag iconIn-house
Practice notes

Agent and principal relationships with third parties

This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s...
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9th Nov
Precedents

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...
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9th Nov
tag iconCOVID-19
Practice notes

Carriage of goods by air

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the...
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Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan
Precedents

Short form letter of assignment

[On headed notepaper of the assignor]To: [Insert name and address of Assignee][Insert date]Dear [insert name of Assignee]Assignment of contractWe...
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9th Nov
Practice notes

Agency and distribution compared

BrexitBrexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement,...
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9th Nov
Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...
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9th Nov
Precedents

Intra-group services agreement

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...
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Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Boilerplate clauses content

Practice notes

Model ADR clauses

This Practice Note considers model form alternative dispute resolution (ADR) clauses provided by a number of service providers, namely: Centre for...
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9th Apr
Precedents

Dispute resolution clause

1Dispute resolution—short form1.1If any dispute arises between the parties out of, or in connection with, this Agreement, the matter shall be referred...
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9th Apr
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Practice notes

Brexit—drafting boilerplate clauses [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. It considers the impact of Brexit on contractual boilerplate clauses in advance...
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9th Apr
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Practice notes

Drafting for unforeseen events—commercial contracts

This Practice Note provides practical guidance for general commercial practitioners on points to consider when drafting a business to business...
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9th Apr
tag iconCOVID-19
Practice notes

Brussels I (recast)—choice of court agreements (art 25)

This Practice Note explains choice of court agreements, as set out in Article 25 of Regulation (EU) 1215/2012, Brussels I (recast). It covers a range...
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9th Apr
Practice notes

Boilerplate provisions in public sector agreements: general considerations

Nature of boilerplate provisions in public sector contractsLawyers work on a huge variety of transactions, but all of them will in some way involve...
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8th Apr
Practice notes

Entire agreement clauses

This Practice Note discusses the purpose and features of entire agreement clauses (also known as whole agreement clauses), primarily in the context of...
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8th Apr
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Practice notes

Waiver and release

Defining waiverIn the law of contract, the term ‘waiver’ may have different meanings but is most commonly used to denote the granting of a concession...
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8th Apr
Practice notes

Boilerplate clauses in business-to-consumer contracts—specific clauses

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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8th Apr
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Practice notes

Notices—commercial contracts

PurposeA notices clause is often included in an agreement to ensure that each party has certainty and clarity in relation to formal communications...
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8th Apr
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Practice notes

Data protection clauses in public sector contracts

Boilerplate provisions in public sector contractsThis Practice Note looks at data protection clauses in UK public sector contracts. For more...
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8th Apr
Practice notes

Time of the essence

This Practice Note explains the purpose and significance of time of the essence clauses in commercial contracts. It explains the general rule and...
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8th Apr
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Practice notes

Subcontracting

This Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting permission to...
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8th Apr
Practice notes

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...
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8th Apr
tag iconIn-house
Practice notes

Health and safety clauses in public sector contracts

Boilerplate provisions in public sector contractsThis Practice Note looks at the use of health and safety clauses in public sector contracts. For more...
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8th Apr
Practice notes

Consequences of termination boilerplate clauses

IntroductionTermination can refer to the termination of an agreement by one party either in accordance with the terms of the agreement itself or in...
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8th Apr
Practice notes

The role of boilerplate

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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8th Apr
Practice notes

Public Bodies Act 2011—contractual implications

Reform backgroundOn 14 October 2010, Francis Maude, the Minister for the Cabinet Office stated in a written ministerial statement that 'the landscape...
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8th Apr
Practice notes

Payment of subcontractors in public sector contracts

Boilerplate provisions in public sector contractsThis Practice Note looks at payment of subcontractor clauses in public sector contracts. For more...
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8th Apr
Practice notes

Insurance clauses in public sector contracts

Using boilerplate provisions in public sector contractsThis Practice Note looks at insurance clauses in public sector contracts. For more information...
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8th Apr

Popular documents

LEXISNEXIS

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide

LEXISNEXIS

Rescission of a contract

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

LEXISNEXIS

Tort—the different types of tort

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

LEXISNEXIS

Breach of statutory duty

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of