Updates and Tips

Goodwill hunting

An example of loose drafting of a warranty liability exclusion clause in a share purchase agreement

A remotely interesting case

This 2020 Privy Council case was about the basis on which you work out how far you can go when working out for what kinds of losses you can claim damages when there is a breach of contract, before they have to be treated as irrecoverable because they are too remote.

Reflective on loss

This recent case was described by one of the judges as raising ‘one of the most important and difficult questions of law to come before the Supreme Court for some time’.

Why you have warranties in business and share sales

October 2019 A guide to how the law works when you buy shares in a company and later have a warranty claim. Plus a recent case (at 2019) about it. Quite a lot of background here (in fact there are three of them) but all possibly useful stuff to know particularly if you ever want to buy or sell a business…

What’s in a guarantee?

1 October 2012 This recent case is a reminder that if you are asked to give what you think is a guarantee you need to be careful what it actually says.

Restrictive covenants and blue pencils

27 August 2019 Supreme Court sets law on when you can sever wording from restrictive covenants to turn them from unenforceable into enforceable (the 'blue pencil' rule)

Agents and secret commissions

Is an agent allowed to earn commission from someone in return for introducing his principal if he hasn't told his principal about it?

Verbal contracts, carts, horses, chickens and eggs

Here is a case which looks at how on earth a court decides whether a contract was created and what its terms might have been when all the discussions were oral only, and nothing was put in writing.
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