Limitation of liability

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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))

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Month definition

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

Private right of redress for consumers

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...

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,...

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...

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...

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

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

Precedents

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...

9th Nov

COVID-19

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

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

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

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...

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 Limitation of liability content

Practice notes

Scope and impact of vicarious liability

Scope and impact of vicarious liabilityEmployees, workers, contractors and othersIn Various Claimants v Catholic Child Welfare Society, Lord Phillips...

Produced in partnership with Andrew Wilson 16th May

Practice notes

Economic tort of unlawful interference

Economic tort of unlawful interferenceAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from...

15th May

Practice notes

Misrepresentations—excluding and limiting liability for them

Misrepresentations—excluding and limiting liability for themThis Practice Note sets out when and how parties can seek to limit or exclude liability...

15th May

Practice notes

Limitation—contract claims

Limitation—contract claimsIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for...

15th May

In-house

Practice notes

Limitation—latent damage

Limitation—latent damageBackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued...

15th May

Practice notes

Damages in tort claims—recovery and assessment

Damages in tort claims—recovery and assessmentThis Practice Note considers what damages may be available as remedy for claims in tort, including...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 15th May

Practice notes

Limitation—tort claims

Limitation—tort claimsThis Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at...

15th May

Practice notes

Liability of employers for the acts of their employees and others

Liability of employers for the acts of their employees and othersIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

Produced in partnership with Adam Ohringer, Barrister, Cloisters 15th May

Practice notes

Exclusion and limitation of liability

Exclusion and limitation of liabilityThis Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It...

15th May

Scottish Law

In-house

Practice notes

Exclusion and limitation of liability—business-to-consumer

Exclusion and limitation of liability—business-to-consumerThis Practice Note considers exclusion and limitation of liability in business-to-consumer...

15th May

In-house

Practice notes

Joint, several, and joint and several liability

Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by...

15th May

In-house

Practice notes

Liability for independent contractors

Liability for independent contractorsRemaining liable for acts and omissions of contractorsCommercial entities often delegate obligations or services...

15th May

Practice notes

Wilful misconduct and deliberate default in commercial contracts

Wilful misconduct and deliberate default in commercial contractsThis Practice Note sets out guidance upon the meaning, use and importance of commonly...

Produced in partnership with Tim Wright of Fladgate 15th May

In-house

Precedents

Limitation of liability—training materials

These Training Materials provide an introduction to exemption clauses and cover the basic areas of relevance for commercial lawyers when drafting and...

10th May

Q&As

How do the English courts interpret the term ‘special damages’ in the context of a contractual limitation of liability provision? How is US-specific terminology interpreted in this context?

The English courts’ approach to exclusion and limitation of liability clauses is considered in detail in our Practice Note: Exclusion and limitation...

10th May

Q&As