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Bungalow Brouhaha—an object lesson in residential construction disputes (Kang v Pattar)

The following Commercial news provides comprehensive and up to date legal information on Bungalow Brouhaha—an object lesson in residential construction disputes (Kang v Pattar)

Commercial weekly highlights—13 May 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—13 May 2021

Public interest justifies cost-capping in a procurement case (Good Law Project v Minister for the Cabinet Office (Hanbury Strategy & Communications Ltd as interested party))

Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

The following Commercial news provides comprehensive and up to date legal information on Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

Featured Commercial content

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...

Month definition

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

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...

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...

Precedents

Letter of variation

[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][[Insert address of Guarantor]][Insert date]Dear [name of Party B][ and [name of...

9th Nov

In-house

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Precedents

Deed of release and waiver

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

9th Nov

In-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...

9th Nov

Precedents

Consignment stock agreement—pro-supplier

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan

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...

9th Nov

COVID-19

In-house

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...

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...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey 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...

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...

Produced in partnership with Quentin Tannock of 4 Pump Court 12th Jan

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...

9th Nov

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...

9th Nov

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...

9th Nov

In-house

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...

9th Nov

In-house

Practice notes

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

9th Nov

In-house

Practice notes

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...

9th Nov

Most recent Breach and remedies content

Practice notes

Example institutional and ad hoc model arbitration clauses

Example institutional and ad hoc model arbitration clausesWhile parties may decide to refer a dispute to arbitration after it has arisen (sometimes...

16th May

Practice notes

Arbitration—an introduction to the key features of arbitration

Arbitration—an introduction to the key features of arbitrationThis Practice Note provides an introduction to arbitration and its key features, with a...

Produced in partnership with Simmons & Simmons 16th May

Practice notes

Negotiating damages for contractual breach

Negotiating damages for contractual breachThis Practice Note considers what ‘negotiating damages’ (previously sometimes known as Wrotham Park damages)...

15th May

Practice notes

Limitation Act 1980—general application

Limitation Act 1980—general applicationIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.The function of limitation...

15th May

COVID-19

Practice notes

Causation and remoteness in contractual breach claims

Causation and remoteness in contractual breach claimsWhen considering a claim for damages (see Practice Note: Contractual damages—general principles...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 15th May

In-house

Practice notes

The tort of procuring a breach of contract

The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...

15th May

Practice notes

Mitigation in contractual breach claims

Mitigation in contractual breach claimsWhen is mitigation in contract claims relevant to consider?Even where causation and remoteness have been...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 15th May

In-house

Practice notes

Early Neutral Evaluation (ENE)

Early Neutral Evaluation (ENE)This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and...

15th May

Practice notes

Limitation—the principal limitation periods

Limitation—the principal limitation periodsThe principal limitation periodsThe following table includes the principal types of action and details the...

15th May

COVID-19

In-house

Practice notes

Expert determination

Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for...

Produced in partnership with 4 Pump Court 15th May

Practice notes

Contractual damages—general principles

Contractual damages—general principlesThis Practice Note considers the general principles of recovering damages for contractual breach, starting with...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 15th May

In-house

Practice notes

Termination for breach of contract

Termination for breach of contractThe termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the...

15th May

In-house

Practice notes

Equitable remedies in contractual disputes

Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...

Produced in partnership with Zainab Hodgson of CMS 15th May

Practice notes

Model ADR clauses

Model ADR clausesThis Practice Note considers model form alternative dispute resolution (ADR) clauses provided by a number of service providers,...

15th May

Practice notes

Mediation-arbitration (med-arb)—an introduction

Mediation-arbitration (med-arb)—an introductionThis Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial...

Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall 15th May

Practice notes

Drafting a dispute resolution clause

Drafting a dispute resolution clauseAs seen in Practice Note: Dispute resolution clauses—what and why, it is generally seen as being advantageous to...

15th May

Practice notes

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clausesMany contracts contain dispute resolution clauses....

15th May

Practice notes

Dispute resolution clauses—what and why

Dispute resolution clauses—what and whyWhat is a dispute resolution clause?Many commercial agreements contain what may be called a ‘dispute resolution...

15th May

Practice notes

Mediation Directive

Mediation DirectiveThis Practice Note is only relevant in cross-border mediations with a UK element if one of the criteria, set out Article 69(1)((b)...

15th May

Practice notes

Quantum meruit (value of services) and quantum valebat (value of goods)

Quantum meruit (value of services) and quantum valebat (value of goods)When is quantum meruit and quantum valebat relevant?Claims in quantum meruit...

15th May