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RIM sued by North American Blackberry users after service downtime

3 November 2011 | Paul Gershlick

Research in Motion is being sued by US and Canada customers following the service problem that went on for three days in October. RIM’s CIO had apologised and offered one month of technical support for...

Tags on this discussion: damages downtime IT lawsuit negligence unjust enrichment

Good news for developers: ‘rights to light’ law is under review

24 August 2011 | David Marsden

The Law Commission has announced that it will review the law on rights to light. A ‘right to light’ is an easement that gives a landowner the right to receive natural light through defined apertures...

Tags on this discussion: damages developers easements heaney HKRUK Injunctions Law Commission light right to light

NetTV decision over liability for deliberate repudiatory breach considered by High Court together with right of first refusal, whether rights are waived while negotiating following material breach and very narrow interpretation of limit on liability clause – AstraZeneca v Albemarle International, High Court

20 July 2011 | Paul Gershlick

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 exclusion...

Tags on this discussion: agreement agreements breach breach of agreement breach of contract clause commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consequential loss contra proferentem contract contract breach contract termination contracts damages direct loss exclusion clause exclusion of liability first refual fundamental breach heads of loss High Court indirect loss liability limitation limitation on liability loss loss of profits losses material breach NetTV pharma pharmaceutical remedies remedy repudiatory breach right of first refusal serious breach supply agreement supply agreements supply contract supply contracts terminate termination test for repudiatory breach waiver

Law Commission consults on new law to give consumers remedies for misleading selling

18 July 2011 | Mark Weston

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...

Tags on this discussion: aggressive selling B2C business-to-consumer cancel cancellation consumer consumer agreement consumer agreements consumer contract consumer contracts consumer detriment consumer law consumer laws consumeres consumers CPUTR damage damages EU EU law European Union European Union law loss losses mislead misleading misleading selling refund rescind rescission unfair Unfair Commercial Practices Unfair Commercial Practices Directive

Mosley privacy bid sent in a spin by European Court of Human Rights – Mosley v News Group Newspapers, European Court of Human Rights

13 May 2011 | Mark Weston

Max Mosley has failed in his bid to have the law of privacy changed, which he hoped would ensure that newspapers had to warn people before reporting on their private lives. Mosley had taken his bid to...

Tags on this discussion: appeal damages ECHR EU Europe European Convention on Human Rights European Court of Human Rights High Court human rights illegal infringement privacy private unauthorised unlawful

Whatever you do, get your IT contracts right – De Beers UK Limited v Atos Origin IT Services UK Limited, High Court

27 February 2011 | Mark Weston

De Beers, the diamond supplier, had entered into a joint sales agreement with the Botswana Government, and to better perform its obligations under that agreement, De Beers wanted a software system that...

Tags on this discussion: breach breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contracts damage damages High Court infringement IT contract IT services material breach repudiation repudiatory repudiatory breach Software software developer software development software supplier software supply software system supplier test for repudiatory breach unauthorised unlawful

Contract formed despite signatory’s statement that further formal contract would follow – Immingham Storage v Clear Plc, Court of Appeal

15 February 2011 | Mark Weston

C sent D a quotation for providing storage facilities, attaching C’s general storage conditions. The quotation referred to a formal contract to follow. D confirmed in writing a faxed agreement to proceed...

Tags on this discussion: acceptance agreement agreements B2B breach breach of contract business business-to-business businesses commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal damages e-mail e-mails email High Court loss of business offer quotation quote standard terms standard terms and conditions storage contract Terms & conditions

Beware of making contracts by email!

15 February 2011 | Justine Ash | 1 comment

Today’s world sees lots of business being conducted via email. This is fine when both parties are aware of what they are doing . However, the recent Court of Appeal decision in the case of Nicholas...

Tags on this discussion: Breach of express terms commission Contracts by email; damages Estate Agets Loss of Chance Multi agency sole agency

Another case shows that many types of economic loss are direct and do not fall within exclusion of liability for indirect losses – McCain Foods v Eco-Tec, High Court

4 February 2011 | Mark Weston

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 claimed...

Tags on this discussion: agreement agreements breach breach of contract cap on liability commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consequential loss damages direct loss exclusion exclusion of liability High Court indirect loss liability limitation on liability loss loss of business loss of contracts loss of goodwill loss of profits loss of revenue losses supply supply contract supply of goods supply of goods and services supply of service supply of services third party losses UCTA unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977

Christian couple unfairly discriminated against gay couple wishing to stay in their hotel – Hall v Bull, Bristol Crown Court

21 January 2011 | Paul Gershlick

A hotel owning couple had strict rules based on their strong Christian values. They would not let guests other than married heterosexual couples share a double room. A gay couple who had a civil partnership...

Tags on this discussion: civil partnership discrimination Crown Court damages discrimination Hotels service provider sex discrimination sexual orientation discrimination

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Latest news and views tagged damages

RIM sued by North American Blackberry users after service downtime

Good news for developers: ‘rights to light’ law is under review

Law Commission consults on new law to give consumers remedies for misleading selling

Mosley privacy bid sent in a spin by European Court of Human Rights – Mosley v News Group Newspapers, European Court of Human Rights

Whatever you do, get your IT contracts right – De Beers UK Limited v Atos Origin IT Services UK Limited, High Court

Contract formed despite signatory’s statement that further formal contract would follow – Immingham Storage v Clear Plc, Court of Appeal

Beware of making contracts by email!

Another case shows that many types of economic loss are direct and do not fall within exclusion of liability for indirect losses – McCain Foods v Eco-Tec, High Court

Christian couple unfairly discriminated against gay couple wishing to stay in their hotel – Hall v Bull, Bristol Crown Court

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