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Remedies

Remedies are not exclusive unless you’re both on the same page

Jason Rix

Specified remedies for breach of certain provisions in a contract will not be exclusive remedies unless the parties clearly intend to restrict the available remedies: Harcap Ltd v FK Generators. HarCap, a private equity investor, had entered into an agreement with FK Generators to find USD22m bridging finance for a power plant. This contained an exclusivity Read More

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What is repudiation?

Rainer Evers

Whether your counter-party has actually repudiated its contract is a big question. If you wrongly treat a contract as having been repudiated and so stop performing that contract yourself, you may face a claim for breach of contract. In Vitol v Beta Renowable, Vitol had agreed to buy biofuel from Beta, but Beta had then Read More

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Blessings in disguise: when does the law require you to give credit to a contract-breaker?

Richard Farnhill

If a breach of contract allows the non-breaching party to save money or avoid a loss, must it give credit for that saving to the contract breaker? That was the issue considered by the Supreme Court in Globalia v Fulton Shipping. The facts were straightforward enough, although as we shall see they split judicial opinion Read More

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He shoots…he might have scored? Football and loss of chance damages.

Russell Butland

The Court of Appeal has held that a football agent could recover damages on a loss of chance basis from a rival agent and a football club, for inducing a player to breach an oral agency contract. Loss of chance damages are available where a claimant’s loss depends, not on what it would have done, Read More

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When is prompt payment in a contract a condition?

Rainer Evers

The Court of Appeal has recently looked at when prompt payment is a condition of a contract in the context of shipping law and charterparties. It had to consider competing High Court authority on the question of whether a charterer’s failure to pay instalments under a time charterparty is a breach of a condition.  In his leading Read More

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