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Agency law in Hong Kong and people’s Republic of China
- RPC
- -
- China, Hong Kong
- -
- May 14 2013
The law of agency and distribution in Hong Kong is governed by common law principles of equity and contract. These principles govern the rights and
The steady rise of the implied contractual duty of good faith
- RPC
- -
- United Kingdom
- -
- March 12 2013
A recent High Court decision will in all likelihood signal a substantial shift in the approach of the courts towards the dealings of contracting parties
Supreme Court considers “commercial purposes” state immunity exception
- RPC
- -
- Iraq, United Kingdom
- -
- March 1 2013
The Supreme Court’s decision concerned the scope of a state’s immunity from execution of a judgment under section 13(4) of the State Immunity Act
Canada Steamship principles on interpretation of exclusions clauses
- RPC
- -
- Canada, United Kingdom
- -
- March 1 2013
The recent Court of Appeal decision in the case of MIR Steel UK Limited v Christopher Morris and others1 provides a useful reminder of the position
Good faith clauses
- RPC
- -
- United Kingdom
- -
- February 26 2013
There is no general doctrine of good faith in English law and it is not therefore implied into contracts. Nevertheless, express good faith clauses
The meaning of (commercial) words
- RPC
- -
- United Kingdom
- -
- January 21 2013
Arguing over the meaning of words is an archetypal lawyerly activity and one which litigators accustomed to disputes over contractual construction
Director found in contempt for company's failure to comply with injunction
- RPC
- -
- United Kingdom
- -
- January 15 2013
In a recent case, two corporate defendants and a director of both companies were found to be in contempt of court and were fined after the companies failed to comply with an injunction concerning the removal of cigarette bins from certain properties within the City of Westminster
Injunctive relief in support of foreign proceedings: don’t fall at the first hurdle
- RPC
- -
- United Kingdom
- -
- January 4 2013
The recent case of Royal Westminster Investments SA and others v Manmohan Varma1 provides a useful reminder of the important first hurdle that applicants
IT consultants beware: “take or pay” clauses could be unenforceable penalties
- RPC
- -
- United Kingdom
- -
- December 6 2012
On granting summary judgment to an IT consultancy in a dispute over unpaid invoices under an IT services agreement, Mr Justice Burton has found that a “take or pay” clause requiring the defendant to take a “minimum” 500 days of consultancy did not constitute an unenforceable penalty
Damages for non-delivery under Sale of Goods Act
- RPC
- -
- United Kingdom
- -
- December 4 2012
The High Court recently considered the operation of Section 51 of the Sale of Goods Act 1979, which prescribes the measure of damages for wrongful non-delivery of goods and the circumstances in which an "available market" for the goods exists for the purposes of that section
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