Fitness to be Tried in UK Law
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UK Supreme Court upholds fitness for purpose warranty
Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a ...... ... ’s requirements it will be in breach of the warranty, even in the absence of any negligence on its part and regardless of how diligently it tried to meet the employer's requirements ... Background to the Supreme Court case ... The background to the dispute is as follows: ... Under a ... ...
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Software Was Fit For Purpose
... ... , and any implied condition or warranty of merchantability or fitness of purpose are excluded." Appendix A contained Orchard's licence grant and ... Southwark tried to argue that satisfactory quality had the meaning in a Sale of Goods Act, ... ...
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Design Obligations: Fitness For Purpose
... ... There is no basis within J101 to change that nominal annual probability of failure. Had MTH tried to apply a longer design life for example, this would have made no difference to the nominal annual probability of failure. Accordingly the design ... ...
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Settlement For Soldier Who Had To Leave The Army After Leg Injury He Suffered On Duty
... ... went back to the Army and tried his best to get back to full ... Despite extensive treatment, Kyle's left ... ...
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Extending the SMCR to FCA-only authorised firms: Our insights
On 26 July 2017, the FCA published its much-anticipated consultation paper on the extension of the Senior Managers and Certification Regime (SMCR) to FCA-only authorised firms. We have set out belo...... ... which is consistent with approaches that have already been adopted, tried and tested across the industry. Our tool gives you a suite of template ... Rather, firms will be required to assess the fitness and propriety of these individuals on at least an annual basis. Banks and ... ...
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Employer's Beware - The Rise And Rise Of Limitation Clauses
... ... concluded. Although the Courts have tried to approach the issue as ... to whether or not parties are contracting on ... fitness of the software for Hedley's purposes. The TCC held the ... exclusion ... ...
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Case Law Update December 2011
... ... Fitness for purpose Makers (UK) Ltd v BSS Group plc [2011] BLM Vol. 28 No. 8 ... The court decided that, whilst there was a serious issue to be tried and damages was not an adequate remedy, on the balance of convenience ... ...
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Case Law Update - October 2011
... ... CONTRACT AND PROCUREMENT LAW ... Terms as to fitness for purpose and quality not implied ... Southwark London Borough Council ... Having failed the 'serious issue to be tried' test on the above grounds, the court held that it would also fail on the ... ...
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Introduction to the FIDIC Suite of Contracts - 2018 Update
The history of the FIDIC suite - The Fédération Internationale Des Ingénieurs-Conseils (FIDIC) was founded in Belgium in 1913. Since then, it has become the foremost representative body for the ...... ... accepts a fitness-for-purpose obligation26 for the Works, including the design. The payment ... FIDIC ... has tried to address the main criticism of the 1999 claims procedures. The ... ...
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Kaleidoscope: All Change in the FIDIC Forms of Contract
The announcement by FIDIC that the long-awaited new editions of its principal forms of contract would be launched at its annual London Users’ Conference created an exciting opportunity for us. Sinc...... ... At first sight, it appears that a form of fitness for purpose ... obligation has been imported into the new edition of ... In fairness, FIDIC has tried to meet some of the more ... soundly-based complaints about ... ...
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