Construction Contracts in UK Law
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Rainy Sky SA and Others v Kookmin Bank
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It defies commercial common sense to think that this, among all other such obligations, was the only one which the parties intended should not be secured. Had the parties intended this surprising result I would have expected the contracts and the bonds to have spelt this out clearly but they do not do so.
Unless the most natural meaning of the words produces a result which is so extreme as to suggest that it was unintended, the Court has no alternative but to give effect it its terms. To do otherwise would be to risk imposing obligations on one or other party which they were never willing to assume and in circumstances which amount to no more than guesswork on the part on the Court.
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Jeynes v News Magazines Ltd and Another
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(2) The hypothetical reasonable reader is not naïve but he is not unduly suspicious. He can read in an implication more readily than a lawyer and may indulge in a certain amount of loose thinking but he must be treated as being a man who is not avid for scandal and someone who does not, and should not, select one bad meaning where other non-defamatory meanings are available. (6) The hypothetical reader is taken to be representative of those who would read the publication in question.
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Trade Indemnity Company Ltd v Workington Harbour and Dock Board
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Rainy Sky SA and Others v Kookmin Bank
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If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.
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Derbyshire County Council v Times Newspapers Ltd
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The authorities cited above clearly establish that a trading corporation is entitled to sue in respect of defamatory matters which can be seen as having a tendency to damage it in the way of its business. Examples are those that go to credit such as might deter banks from lending to it, or to the conditions experienced by its employees, which might impede the recruitment of the best qualified workers, or make people reluctant to deal with it.
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RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
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Whether there is a binding contract between the parties and, if so, upon what terms depends upon what they have agreed. It depends not upon their subjective state of mind, but upon a consideration of what was communicated between them by words or conduct, and whether that leads objectively to a conclusion that they intended to create legal relations and had agreed upon all the terms which they regarded or the law requires as essential for the formation of legally binding relations.
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Comment: Risk Allocation Norms of Civil Construction Contracts in Ethiopia
Risk is any uncertainty in an industry including the construction sector. Claims and disputes arise when risks occur in construction projects. This comment discusses risk allocation under Ethiopian...
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Using Private‐Public Linkages to Regulate Environmental Conflicts: The Case of International Construction Contracts
The article takes a pluralistic view of the ‘trade‐environment’ conflict by exploring one of the settings of this conflict: the lex constructionis– international construction law. It seeks to unrav...
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How to Minimise Corruption in Public Works Construction Contracts
Public works contracts worldwide have suffered from fraud and corrupt practices at critical phases of projects, particularly during tender evaluation, site supervision and certification of completi...
- MISTAKE IN THE CONSTRUCTION OF CONTRACTS
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UK construction contracts round-up
Our round-up of news about new contracts and contract issues in the UK construction industry.
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UK construction contracts and procurement round-up
Our round-up of news relating to contract issues and the standard form contracts commonly used in the construction industry.
- Hybrid Construction Contracts
- Construction Contracts Bill
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Commercial Court forms including claims and application notices.... ... general commercial contracts and arrangements, including agency ... agreements ... ... shipping - charter party dispute ... shipping - construction, ... shipping - financing ... shipping – cargo ... ... ...