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High Court says businesses can only claim loss of value if they are no longer in business – MMP GmbH V Antal International Network Limited, High Court

2 June 2011 | Simon Weinberg

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...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consequential loss contract contract breach contract law contract termination contracts direct loss Employees Employers franchise franchise agreement franchisee franchisor heads of damages heads of loss High Court indirect loss loss loss of business loss of contracts loss of goodwill loss of profits loss of revenue loss of value losses

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

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

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

13 August 2010 | Mark Weston

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’...

Tags on this discussion: breach breach of contract bugs business-critical commercial consequential loss contract contract law contracts Court of Appeal design direct loss exclusion of liability fundamental fundamental breach indirect loss installation IT IT contract IT project IT system liability limitation on liability loss of business loss of contracts loss of profits loss of revenue losses maintenance material material breach reasonable reasonable endeavours remedy repudiatory breach serious serious breach supply supply agreement supply contract support and maintenance third party third party losses warranty

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

5 March 2010 | Mark Weston

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

Latest news and views tagged loss of business

High Court says businesses can only claim loss of value if they are no longer in business – MMP GmbH V Antal International Network Limited, High Court

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

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

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

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

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