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An analysis of the issues raised in this question will largely turn on the construction of the word ‘subcontract’ and whether, in any given circumstance, the procuring by a party of additional external resources falls within that definition.
We have undertaken a limited case search but have been unable to find any authority in which this point was considered. However, the below information may be useful.
It will first of all be necessary to establish on the facts and in the context of the clause which prohibits it, whether a subcontract has been created. Subcontracting is the delegation by one party of some or all of its obligations under a contract between it and a customer to a third party (the subcontractor) for performance by the subcontractor. Contractual liability for performance of the obligations remains with the original party. See Practice Note: Subcontracting for guidance on general issues relating to subcontracting.
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
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 proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
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