The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
This Q&A uses the following scenario: A and B enter into a contract whereby A agrees to purchase a widget from B for a price of £1,000. B provides the widget to A, but A considers that the widget contains various defects that will require £1,500 to fix and so pays nothing for the widget. Before any payment is made, B assigns the entire debt owed by A to a third party, C. C is now seeking to recover the full purchase price of £1,000, notwithstanding the existence of alleged defects.
In this scenario, the underlying transfer between A and C is that C has been assigned a cause of action by B to recover the debt owed which arose under the original contract between A and B.
Where a party is assigned a cause of action, that assignment will ordinarily take effect subject to any rights of set-off t
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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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