Contractual Remedies in UK Law
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Stocznia Gdynia SA v Gearbulk Holdings Ltd
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It is important to remember that any clause in a contract must be construed in the context in which one finds it, both the immediate context of the other terms and the wider context of the transaction as a whole. The court is unlikely to be satisfied that a party to a contract has abandoned valuable rights arising by operation of law unless the terms of the contract make it sufficiently clear that that was intended. The more valuable the right, the clearer the language will need to be.
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Triple Point Technology, Inc. v PTT Public Company Ltd
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If a construction contract is abandoned or terminated, the employer is in new territory for which the liquidated damages clause may not have made provision. It may be more logical and more consonant with the parties' bargain to assess the employer's total losses flowing from the abandonment or termination, applying the ordinary rules for assessing damages for breach of contract.
Both counsel accept that there are difficulties with the second and third sentences of Article 12.3, whichever interpretation is correct. I have come to the conclusion that the appellant's construction is preferable. Sentence 3 is dealing with specific remedies for individual breaches. Accordingly sentence 3 of Article 12.3 contains a specific exclusion for delay breaches.
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Hall and Another v Heiden
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Take the example of a contractor who has wholly failed to comply with the contract, is in considerable delay, and is facing a notice of termination. If the defendant was right, the contractor would be better off not coming back on site to carry out the works because, if he refused to do so, the contract would then be terminated and his liability to pay liquidated damages would automatically come to an end.
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Domb v Isoz
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"In my judgment, the essential characteristic of exchange of contracts is that each party shall have such a document signed by the other party in his possession or control so that, at his own need, he can have the document available for his own use. Exchange of a written contract for sale is in my judgment effected so soon as each part of the contract, signed by the vendor or the purchaser as the case may be, is in the actual or constructive possession of the other party or of his solicitor.
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Jarvis v Swans Tours Ltd
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In a proper case damages for mental distress can be recovered in contract, just as damages for shod: can be recovered in tort. One such case is a contract for a holiday, or any other contract to provide entertainment and enjoyment. If the contracting party breaks his contract, damages can be given for the disappointment, the distress, the upset and frustration caused by the breach.
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Royal Brompton Hospital NHS Trust v Hammond (No. 3)
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(3) Is C also liable to A in respect of that damage or some of it?
- Consumer Rights Act 2015
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Land Registration Act 2002
... ... be treated as being a “registered overseas entity” until it remedies" the failure.(2) For the purpose of sub-paragraph (1) , an overseas entity \xE2" ... ...
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The Concession Contracts Regulations 2016
... ... into account the investments required to achieve the specific contractual objectives ... (4) The investments taken into account for the purposes ... 5 ... Remedies PART 5 ... Remedies ... CHAPTER 1 ... Facilitation of remedies ... ...
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The Public Contracts Regulations 2015
... ... of the rights, powers, liabilities, obligations, restrictions, remedies and procedures mentioned in that section;“SPD” means the Single ... (3) Paragraph (2) is without prejudice to any contractual or statutory provision under which any payment is to be made earlier than ... ...
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Restitutionary Remedies in the Contractual Context
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payment for work done under the contract, commonly described as restitutionary remedies. This claim ar...
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Better than Fuller: A Two Interests Model of Remedies for Breach of Contract
The attempt to combine the contractual interests properly so‐called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ineradicably i...... ... Better than Fuller: A Two Interests Model of Remedies for Breach of Contract David Campbell * The attempt to combine the contractual interests properly so-called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ... ...
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Emerging markets of the Middle East: A critique of selected issues in Arab securities regulation
This paper examines comparative aspects of Arab securities regulation. It provides a general introduction, overviews the aims of securities regulation and the UK regulatory framework, and outlines ...... ... lack of Arab rules on fraud, insider dealing and possible contractual remedies. It concludes with a case study shedding light on the term ... ...
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Consumer Redress Legislation: Simplifying or Subverting the Law of Contract
The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice ...... ... offering simplified and clear suites of rights and corresponding remedies. In so doing, howev er, they affect core areas of private law rights and emedies, and may come to undermine or replace existing contractual principles and policies. The result could be an incoherent system of ... ...
- Contractual Remedies For Adverse Weather
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Contractual compensation scheme in long-term gas supply agreement excludes common law remedies
Scottish Power UK Plc v BP Exploration Operating Co Ltd & ors [2016] EWCA Civ 1043, 1 November 2016 - The Court of Appeal considered the validity and scope of an industry-standard contractual ...
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London Digest - Autumn 2011
In This Issue: Main Articles: Unfair Prejudice: An Abuse of Process?; Recent ISDA Cases; Working Towards Implementation: Jackson and the CJC; Supreme Court Clarifies the Anti-Deprivation ...... ... 5 Supreme Court Clarifies the Anti-Deprivation Rule Page 6 Contractual and Restitutionary Remedies: the Courts Stick to the Bargain Page 7 ... ...
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Interim Report on Investment and Corporate Banking Market Study Published by Financial Conduct Authority
The Financial Conduct Authority published its interim report on the investment and corporate banking market study, which includes proposed remedies to the deficiencies identified. The FCA proposals...... ... and corporate banking market study, which includes proposed remedies to the deficiencies identified. The FCA proposals include removing the ctice of banks using contractual clauses to restrict client choice, reducing barriers to entry for ... ...