Contractual breach and remedies

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Practice notes
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
What is merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
This Practice Note considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of...
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9th Nov
Practice notes
This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists...
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Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes
This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the...
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9th Nov
Practice notes
This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...
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9th Nov

Most recent Contractual breach and remedies content

Q&As
Please note, this Q&A only covers the contractual position under English law.Suppliers often enhance their position by supplying goods on terms...
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22nd Dec
Practice notes
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...
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17th Dec
Q&As
Damages for breach of contract are compensatory and the aim is to place the claimant in the same position, so far as money can do it, as if the...
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6th Dec
Q&As
An indemnity is a covenant by the seller to reimburse the buyer for losses arising from a specified event. In contrast to a warranty claim, the buyer...
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6th Dec
Practice notes
Scope of Practice NoteThis Practice Note provides a set of worked examples for pleading:•particulars of claim•defence•replybased on a hypothetical...
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2nd Dec
Q&As
In some situations a claimant in a breach of contract and negligence claim can obtain damages for loss of reputation. However, the answer very much...
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28th Nov
Q&As
The enforceability of liquidated damages clausesA liquidated damages clause is a clause that provides for a set sum to be paid to the innocent party...
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28th Nov
Q&As
This Q&A should be read in conjunction with Practice Note: Loss of chance damages.Loss of chance claims can be complex. For a summary of practical...
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28th Nov
Q&As
In the absence of any further information, it appears in this situation that A would be deemed a bona fide purchaser for value, see Practice Note:...
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28th Nov
Q&As
In general, a party can bring a claim against anyone or indeed elect not to progress a particular claim (in contract, or otherwise). The merits of...
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27th Nov

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