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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."