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Legal causation and the duty to warn
- McCarthy Tétrault LLP
- -
- Australia, Canada
- -
- May 8 2013
Can a defendant be liable for failing to warn about a risk which does not materialize, where this leads the plaintiff to be injured by a second
Click here to win a million dollars!: the Australian High Court considers whether online intermediaries are liable for displaying misleading or deceiving advertisements
- McCarthy Tétrault LLP
- -
- Australia, Canada
- -
- February 21 2013
Online advertising is big business. It is estimated that $92 billion was spent worldwide last year, and forecasters expect that number to reach $143
The penalty doctrine: focus on substance not form says the High Court of Australia
- McCarthy Tétrault LLP
- -
- Australia, Canada
- -
- October 3 2012
When is a contractual term a penalty?
Best efforts versus reasonable efforts: Canada and Australia
- McCarthy Tétrault LLP
- -
- Australia, Canada
- -
- November 30 2007
A recent decision of the New South Wales Court of Appeal (NSWCA) has suggested that no significant difference may exist between the contractual phrases "best endeavours" and "all reasonable endeavours."
