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Contracts for the sale and purchase of goods involve the transfer of ownership of those goods to the buyer. Normally this transfer would be assumed to occur when the goods were delivered to the buyer. However, it is not uncommon for sellers to seek to protect themselves against nonpayment of the price by providing for…

Read More Retention of title – Dangers as well as benefits where goods are intended for consumption or onward sale by the buyer

Contracts are about apportioning responsibility and risk. Contracts for the engagement of contractors to design or produce something will typically define the standards to which the contractor has to operate. A problem can arise if the contract requires the contractor to comply with more than one standard where such standards may be inconsistent. The recent…

Read More Contractor’s warranties – Conflicting responsibility

Parties seeking to reach a compromise or settlement frequently mark correspondence “without prejudice” with the intention that such correspondence be off the record and not used in evidence in any legal proceeding. As one judge has stated, ” I have no doubt that busy practitioners are acting prudently in making the general working assumption that…

Read More “Without Prejudice” revisited by the Court of Appeal

The Brussels Regulation is the primary instrument covering jurisdiction and the enforcement of judgements in commercial matters within the European Union. A revised version of this Regulation1 (“Brussels Regulation Recast”) took effect from 10 January 2015. Certain key provisions remain unchanged such as: The default rule that parties shall be sued in their place of domicile…

Read More The Brussels Regulation recast and the end of the Italian Torpedo

The “NEW FLAMENCO” was a small cruise ship built in Genoa in 1972. She was chartered to Globabia for a term due to end on 28 October 2007. The Owners and Charterers reached an oral agreement to extend the charter party term for a further two years so as to expire on 2 November 2009.…

Read More Measure of loss and the mitigation of damage. New guidance from the courts on when damages for breach of contract should be reduced to give credit for a benefit arising out of the breach

In recent years there has been an increasing frequency of commercial contracts that include provisions requiring disputes to be the subject of amicable discussion before being the subject of arbitration or litigation. Such provisions may in part be intended to reflect the tone of the relationship between the parties at the time when the contract…

Read More Will the English courts uphold contract clauses requiring disputes to be resolved by amicable discussion?

In a recent decision[1] the English High Court has confirmed that interference with privacy exists as a tort (delict) under English Law that is separate and distinct from a claim based on breach of confidence The Facts of the case The three Claimants were users of Apple Safari internet browsers. They alleged that the Defendant,…

Read More Interference with privacy is a tort that is separate from breach of confidence