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Misc

A Wolff in lamb’s clothing: procuring a breach of contract – an economic tort with teeth

Laurence Ridgway

In Wolff v Trinity Logistics USA, the Court of Appeal considered the elements of the tort of procuring a breach of contract. Wolff was a director of a company that imported clothing. Shipments from the manufacturers were carried out under a contract between Trinity Europe and Trinity Bangladesh (both connected to Trinity USA). Under this Read More

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Parental guidance: how to guarantee the construction of an indemnity clause

Claudia Barry

In GPP v Solar the court offers guidance on distinguishing a guarantee from an indemnity, and holds that two equitable principles of guarantee law do not apply to indemnities. GPP, as employer, entered into Engineering, Procurement and Construction contracts with a (now insolvent) contractor. Solar, parent of the contractor, was sued by GPP as guarantor Read More

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Pay less notice valid despite only cross-referencing basis of sum

Nathalie Burn

In S&T v Grove Developments the Court of Appeal held that Grove’s “pay less notice” was valid despite it only cross-referencing, rather than attaching, a spreadsheet detailing its sum. The court felt this could not give rise to any misunderstanding in the mind of a reasonable recipient standing in the shoes of S&T. Section 111 (4) of Read More

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Egg on your face: weaker test for inducement where misrepresentation fraudulent

Georgina Thomson

When NIVE sued Rembrandt for breach of its contract for the supply of egg products, Rembrandt claimed it had been induced to enter the contract by NIVE’s fraudulent misrepresentation. The court agreed that the representation had been made, but had it induced Rembrandt to enter the contract (NIVE v Rembrant)? In recent years the test Read More

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Updated Privacy Policy

We have updated our privacy policy in line with new data protection legislation – please take a few moments to read here. Read More

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Rainer Evers

Jason Rix

Yesterday I learnt that Rainer Evers, one of the team of three behind this blog, died over the weekend. It’s incredibly difficult to know what to say, not least because I can hear him tearing me apart mid-sentence for my grammatical errors and lack of clarity. Here is an example of a typical email exchange. Read More

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When law becomes fact – resolving a conflict of laws

Carlo Sushant Chari

The High Court has dismissed what were “always difficult and ambitious claims” in Pan Oceanic Chartering v Unipec, and has given guidance on a tricky question of conflict of laws. Pan Oceanic, a New Jersey brokerage company, sought damages for lost commissions from Unipec resulting from early termination of Unipec’s contract with a ship owner, Read More

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