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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

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

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

European Commission fined €12m for misuse of Systran’s copyright and know-how – Systran v European Commission, General Court of the European Union

22 December 2010 | Paul Gershlick

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 is...

Tags on this discussion: CFI copyright copyright infringement Court of First Instance damages EU Europe European Commission European Union fine General Court General Court of the European Union illegal Intellectual property intellectual property rights IP IP infringement IT know-how loss loss of revenue losses Software software licence software theft unauthorised unlawful

Alleged file-sharers face crackdown from Ministry of Sound

20 July 2010 | Mark Weston

The Ministry of Sound has sent 2,000 letters out to people who it alleges have unlawfully infringed its copyright by downloading or uploading its tracks without permission. The letters ask for compensation...

Tags on this discussion: copyright copyright infringement damages Digital Economy Act Digital Economy Bill file-sharing illegal infringement Intellectual property intellectual property rights IP loss Online P2P patent patent infringement Patents peer-to-peer trade mark trade mark infringement trade marks unauthorised unlawful web sites

Franchisor liable for negligent advice to franchisee despite disclaimers and exclusions of liability – MGB Printing v Kall Kwik, High Court

20 April 2010 | Mark Weston

This case concerned MGB’s purchase of one of Kall Kwik’s existing printing services franchises. In doing so, MGB asked Kall Kwik about the cost of re-fitting, which Kall Kwik advised that it should...

Tags on this discussion: breach of contract contract contract law contracts disclaimer exclusion of liability franchise agreement franchisee Franchising franchisor High Court loss loss of profits negligence tort

Latest news and views tagged loss

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

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

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

European Commission fined €12m for misuse of Systran’s copyright and know-how – Systran v European Commission, General Court of the European Union

Alleged file-sharers face crackdown from Ministry of Sound

Franchisor liable for negligent advice to franchisee despite disclaimers and exclusions of liability – MGB Printing v Kall Kwik, High Court

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