breach « Matthew Arnold & Baldwin LLP | Giving you a lot more than just law…|MAB

Latest input tagged breach

High Court does not disturb spirit of trade mark co-existence agreement made way back in time – Omega v Omega, High Court

23 July 2010 | Paul Gershlick

Omega SA was a Swiss company that manufactured watches for over 150 years. Omega Engineering Inc was an American company that has manufactured products for measurement of temperature and humidity for about...

Tags on this discussion: brand brand protection branding brands breach breach of contract co-existence co-existence agreement commercial agreement Commercial contract contract contract law contracts High Court Intellectual property intellectual property rights IP summary judgment trade mark trade mark infringement trade marks

Don’t be so casual with use of easy name and up your game, Stelios tells easyJet

23 July 2010 | Paul Gershlick

Stelios Haji-Ioannou – the founder of easyJet - has told the airline that it must improve its performance if it wants to continue using the ‘easy’ name. Although he was the founder, his family are...

Tags on this discussion: agreement brand branding brands breach breach of contract commercial agreement Commercial contract commercial contracts contract contracts Intellectual property intellectual property rights IP licence termination trade mark trade marks

Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, High Court

22 July 2010 | Paul Gershlick

This case surrounded the so-called battle of the forms. That is where each side refers to their own terms and conditions applying in their documents such as quotations, orders, order acknowledgements,...

Tags on this discussion: acceptance battle of the forms breach breach of contract commercial commercial agreement Commercial contract commercial law contract contract law contracts defect defective High Court order order acknowledgement quotation quote sale of goods act SOGA subcontract supply contract Terms & conditions unprofitable contract

Several High Street names not operating within Distance Selling Rules

16 July 2010 | Paul Gershlick

A BBC investigation has discovered that some retailers are not operating within consumer laws imposed by the Consumer Protection (Distance Selling) Regulations 2000. Many are giving out false information...

Tags on this discussion: breach breach of contract business-to-consumer consumer consumer law consumer laws Consumer Protection (Distance Selling) Regulations contract contract law contracts cooling off period distance selling directive Distance Selling Regulations DSR EU law European Union Internet Online online shopping trading standards unenforceable unlawful void web site web sites

Restrictive covenant was justified to protect franchisor’s know-how – Pirtek v Joinplace, High Court

14 July 2010 | Mark Weston

P had granted a 10 year franchise agreement to X. Following the termination of the agreement, the franchisee and others were involved in competing with P’s business. P alleged that this was in breach...

Tags on this discussion: breach breach of contract Chapter I Prohibition Competition Act competition law contract contract law contracts franchise agreement franchisee franchisor High Court injunction restraint of trade restrictive covenant Restrictive Covenants

Contracting parties’ mistake can be rectified despite entire agreement clause – Surgicraft v Paradigm, High Court

13 July 2010 | Mark Weston

S made and distributed medicine and surgical products. S and P entered into a distribution agreement for P to be S’s distributor. P argued that the contract had wrongly stated the parties’ agreement...

Tags on this discussion: breach breach of contract burden of proof commercial agreement common mistake contract contract law contracts distribution agreement entire agreement clause High Court mistake rectification representation unilateral mistake

Court fails to make time of the essence because contract provided alternative remedies for lateness – Dominion v Debenhams, High Court

25 June 2010 | Paul Gershlick

Dominion owned the leasehold to a shopping centre and they had an agreement with Debenhams under which Dominion would pay the retailer certain sums of money. Dominion was late in paying the second instalment....

Tags on this discussion: breach breach of contract contract contract law contracts damages High Court remedies repudiation repudiatory breach time time of the essence

Automatic termination of indemnity upon insolvency event breaches anti-deprivation rule – Mayhew v King, High Court

11 June 2010 | Paul Gershlick

T agreed to indemnify M in a contract in relation to some particular litigation that may be brought against M. The agreement said that the indemnity would automatically end if M suffered any insolvency...

Tags on this discussion: administration anti-deprivation anti-deprivation principle anti-deprivation rule asset assignment breach creditors High Court indemnify indemnity Insolvency unenforceable

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

14 May 2010 | Mark Weston

Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...

Tags on this discussion: breach breach of contract contract contract law contracts damages exclusion of liability fit for purpose IT limitation on liability loss of goodwill loss of profits reasonable reasonableness sale of goods sale of goods act satisfactory quality Software supply of goods and services act term termination Terms & conditions UCTA unenforceable unfair contract terms act warranty

Account of profits sometimes claimable as remedy for breach of confidentiality and sometimes not, depending on the nature of the duty – Vercoe v Rutland, High Court

25 March 2010 | Paul Gershlick

V&P had approached R about a possible acquisition of a company called H&T. V&P and R had entered into a confidentiality agreement about this. In breach of that agreement, R bought H&T without...

Tags on this discussion: account of profits breach breach of contract confidential information confidentiality contract contract law contracts damages fiduciary duty Intellectual property intellectual property rights Mergers and acquisitions tort

Latest input tagged breach

High Court does not disturb spirit of trade mark co-existence agreement made way back in time – Omega v Omega, High Court

Don’t be so casual with use of easy name and up your game, Stelios tells easyJet

Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, High Court

Several High Street names not operating within Distance Selling Rules

Restrictive covenant was justified to protect franchisor’s know-how – Pirtek v Joinplace, High Court

Contracting parties’ mistake can be rectified despite entire agreement clause – Surgicraft v Paradigm, High Court

Court fails to make time of the essence because contract provided alternative remedies for lateness – Dominion v Debenhams, High Court

Automatic termination of indemnity upon insolvency event breaches anti-deprivation rule – Mayhew v King, High Court

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

Account of profits sometimes claimable as remedy for breach of confidentiality and sometimes not, depending on the nature of the duty – Vercoe v Rutland, High Court

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