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

Latest input tagged contract

Liability cap in contract includes contractual interest but excludes statutory interest – Markerstudy v Endsleigh, High Court

5 March 2010 | Paul Gershlick

Endsleigh provided certain administration and claims handling services to Markerstudy. Markerstudy claimed for losses resulting from Endsleigh’s alleged overpayment in relation to the claims. There was...

Tags on this discussion: cap on liability consequential loss contra proferentem contract contract law contracts direct loss exclusion of liability High Court indirect loss liability limitation on liability loss of business loss of goodwill loss of profits loss of revenue UCTA unfair contract terms act

European Commission proposes the 28th regime as alternative to national laws

4 March 2010 | Paul Gershlick

The European Commission has proposed a new law spanning the European Union which would aim to increase cross-border trade. In 2008, only 7% of web site transaction were made cross-borders. Viviane Reding,...

Tags on this discussion: 28th regime B2C business-to-consumer contract contract law contracts cross-border European Commission

European Commission wants to push ahead with Consumer Rights Directive

4 March 2010 | Paul Gershlick

The European Commission has signalled its intent to push forward with its proposed Consumer Rights Directive. Viviane Reding, the Justice, Fundamental Rights and Citizenship Commissioner, would like to...

Tags on this discussion: B2C business-to-consumer consumer laws contract contract law contracts European Commission faulty reject sale of goods

Conservatives to come down tough on irresponsible marketing to children

19 February 2010 | Mark Weston

The Conservatives would introduce a new law that would severely hamper any business that markets irresponsibly to children, if they win the General Election to be held this year. Conservative leader, David...

Tags on this discussion: contract contracts Government pressure selling procurement

Tax TV

18 February 2010 | Shimon Shaw

In what seems to me to be a slightly odd use of taxpayer's money, HMRC have decided to sponsor a new channel 5 TV show - the Business Inspector. The justification of this is that the programme will...

Tags on this discussion: contract contracts copyright corporate data protection Employers intellectual property rights tax

Can you recover costs in the small claims court?

2 February 2010 | Steven Mills

When a claim is allocated to the small claim usually the successful party is unable to recover the costs. In this case the Judge held that the successful defendant could recover their costs. The...

Tags on this discussion: banking banks contract costs High Court

The Sky’s the limit – an IT case affecting any type of goods or services contract

27 January 2010 | Mark Weston

After 7 years in the legal arena, including 110 days in the courtroom, Sky has finally proved fraud against EDS. On 26 January 2010, the Technology and Construction Court in London ruled that EDS had...

Tags on this discussion: Computer contract contract law economic hardship exclusion of liability force majeure High Court IT liability Terms & conditions unprofitable contract

Economic downturn not a justification reason to invoke force majeure provisions – Tandrin Aviation v Aero Toy Store , High Court

27 January 2010 | Paul Gershlick

It is official: the economic downturn is not a justification under most force majeure clauses for getting out of an unprofitable contract. That was the ruling of the High Court in this case. Here, D had...

Tags on this discussion: contract contract law economic hardship force majeure High Court unprofitable contract

Sky wins IT case worth hundreds of millions of pounds as liability clause not upheld because of fraudulent misrepresentation by EDS in sales process – Sky v EDS, High Court

27 January 2010 | Paul Gershlick

Sky has won a long-awaited landmark case against EDS that is bound to have massive implications - not just for all IT contracts, but also for any business that has sales-people that push the boundaries...

Tags on this discussion: contract contract law fraudulent misrepresentation IT law misrepresentation

Court of Appeal issues reminder to use clear words for negligence in limitation of liability and indemnity clauses – Jose v MacSalvors, Court of Appeal

12 January 2010 | Paul Gershlick

Brush hired a crane from MacSalvors using the Construction Plant Hire Association’s Model Conditions for Plant Hire. Along with the crane, Mr Thomas Jose, the crane operator, was also provided for hire....

Tags on this discussion: contract exclusion of liability indemnity liability negligence

Latest input tagged contract

Liability cap in contract includes contractual interest but excludes statutory interest – Markerstudy v Endsleigh, High Court

European Commission proposes the 28th regime as alternative to national laws

European Commission wants to push ahead with Consumer Rights Directive

Conservatives to come down tough on irresponsible marketing to children

Tax TV

Can you recover costs in the small claims court?

The Sky’s the limit – an IT case affecting any type of goods or services contract

Economic downturn not a justification reason to invoke force majeure provisions – Tandrin Aviation v Aero Toy Store , High Court

Sky wins IT case worth hundreds of millions of pounds as liability clause not upheld because of fraudulent misrepresentation by EDS in sales process – Sky v EDS, High Court

Court of Appeal issues reminder to use clear words for negligence in limitation of liability and indemnity clauses – Jose v MacSalvors, Court of Appeal

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