Contractual breach and remedies

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Contractual breach and remedies guidance:

This Practice Note provides an introduction to bailment, which is a large and complex topic. This Practice Note provides a working definition of bailment and practical...

Practice Note

When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the principles of causation...

Practice Note

This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in contract. For the basic...

Practice Note

This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence may be admissible...

Practice Note

The general principles applicable in contractual dispute cases pertaining to formation, interpretation and remedies for breach are relatively well established, see: •...

Practice Note

Liquidated damages v penalties—when does the issue arise? Parties will sometimes seek to agree in their contract what sums should be payable upon breach of a particular...

Practice Note

This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages and the different...

Practice Note

This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages,...

Practice Note

This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages,...

Practice Note

Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify...

Precedents

Damages may not always be an adequate remedy for breach of contract or, indeed, an appropriate one. This may be particularly so if the contract has not yet been breached...

Practice Note

This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and statutory controls...

Practice Note

Click here to download the latest Commercial Contracts 2019 report, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are covered...

Practice Note

Contract Where 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 may be: • joint •...

Practice Note

The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates rights for businesses (and organisations in the public sector) to claim...

Practice Note

In this Practice Note, the Limitation Act 1980 is referred to as LA 1980. General Generally, the limitation period for bringing a claim for breach of contract is: • six...

Practice Note

This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the test in Allied Maples...

Practice Note

When is mitigation in contract claims relevant to consider? Even where causation and remoteness have been established (see Practice Note: Causation and remoteness in...

Practice Note

This Practice Note considers what ‘negotiating damages’ (previously sometimes known as Wrotham Park damages) are, when they may be available as a remedy for contractual...

Practice Note

Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]] [Specify division] [Specify...

Precedents

Produced in partnership with Leigh Callaway of Fladgate LLP Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...

Precedents

This Practice Note considers how to pursue a breach of warranty claim in the context of warranties provided in a sale and purchase agreement (SPA) (also known as a share...

Practice Note

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...

Practice Note

This Practice Note considers how to pursue a breach of warranty claim in the context of warranties provided in a sale and purchase agreement (SPA) (also known as a share...

Practice Note

What are damages? The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage as a result of a...

Practice Note
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