Series of cumulative breaches can amount to fundamental breach, and Court of...
GB Gas entered into an agreement with Accenture for Accenture to design, supply, install and maintain a business-critical IT system, including billing. The agreement defined a ‘Fundamental Defect’ as a...
View ArticleEuropean Commission fined €12m for misuse of Systran’s copyright and know-how...
The European Commission throws large fines at people for things such as competition law breaches, or even at whole nations for failing to implement laws set by the Commission. So what sort of example...
View ArticleAnother case shows that many types of economic loss are direct and do not...
This case involved the supply of a system by Eco-Tec to McCain. McCain wanted the system to remove hydrogen sulphide so that it could generate heat and electricity. The system was defective. McCain...
View ArticleHigh Court says businesses can only claim loss of value if they are no longer...
The High Court has ruled that, when suing for breach of contract, a company can only make a claim for damages based on loss of value if it has been put out of business by the breach. Otherwise, normal...
View ArticleLaw Commission consults on new law to give consumers remedies for misleading...
The Law Commission is consulting over new laws to better protect consumers against misleading selling. The Government implemented the European Union’s Unfair Commercial Practices Directive 2005 with...
View ArticleNetTV decision over liability for deliberate repudiatory breach considered by...
When drafting a contract, parties often attempt to exclude or limit their liability by inserting a particular clause into the contract. Such a clause is known as an exclusion clause. Certain forms of...
View ArticleGovernment consults on proposals to combat tax avoidance by partnerships
Partnerships have been and are one of the most flexible ways to run and own a business. With the introduction of Limited Liability Partnerships, the attraction of partnerships only increased. In...
View ArticleDamages claim nosedives as innocent airline has to account for benefits...
Thai Airways International Public Company Ltd v KI Holdings Co Ltd, High Court This case surrounds the issue of what an innocent party can do and whether they can benefit from a breaching party’s...
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