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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

0.5% over base rate of interest is too low so statutory rate applies – Yuanda v WW Gear, High Court

16 June 2010 | Paul Gershlick | 2 comments

The parties entered into a construction contract which was based on the industry-standard JCT contract, but with some terms varied. Instead of interest on late payments applying at 5% above base rate as...

Tags on this discussion: B2B business-to-business contract contract law contracts High Court late payment substantial remedy unprofitable contract

Confirmation that change in economic circumstances does not entitle party to treat contract as ‘frustrated’ – Gold v BDW Trading, High Court

12 March 2010 | Paul Gershlick

The parties entered into a contract for BDW to build a new property development on Gold’s land. Following the contract, the projected selling prices fell sharply because of the crash in property prices....

Tags on this discussion: breach of contract contract law contracts frustration High Court illegal property unlawful unprofitable contract

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

Latest news and views tagged unprofitable contract

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

0.5% over base rate of interest is too low so statutory rate applies – Yuanda v WW Gear, High Court

Confirmation that change in economic circumstances does not entitle party to treat contract as ‘frustrated’ – Gold v BDW Trading, High 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

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