The following Banking & Finance precedent Produced in partnership with Kirstie McBirnie and Beverley Wood of Morton Fraser LLP provides comprehensive and up to date legal information covering:
[insert name of Lender], a company incorporated in [England and Wales OR Scotland] with registered number [insert company number] whose registered office is at [insert address] (the Lender);
in favour of
[insert name of Chargor] a company incorporated in [England and Wales OR Scotland] with registered number [insert company number] whose registered office is at [insert address] (the Chargor).
In accordance with a [bond and] floating charge dated [insert date] (the Floating Charge), the Chargor charged the Charged Assets (see below for definitions) in favour of the Lender.
The Chargor has requested the Lender
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When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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