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Results:1-10 of 36

Fitness for purpose - when the kit doesn't fit
  • Gowling WLG
  • United Kingdom
  • October 17 2011

'Fitness for purpose' and 'satisfactory quality' are deceptively problematic concepts which are frequently encountered in the construction industry.


Contract - how a seller's failure to correct its reply to a buyer's enquiry entitled the buyer to terminate the contract
  • Gowling WLG
  • United Kingdom
  • September 20 2011

A seller who fails to update a pre-contractual statement if it becomes incorrect could be liable in misrepresentation.


Fortuitous settlement not excluded by settlement exclusion clause
  • Gowling WLG
  • Canada
  • April 14 2011

In its decision in Engle Estate v. Aviva Insurance Company of Canada, the Alberta Court of Appeal addressed the interpretation of an insurance contract purporting to exclude damage to buildings caused by settlement.


Court of Appeal decision: builder not liable for costs of remedial works
  • Gowling WLG
  • United Kingdom
  • February 8 2011

The Court of Appeal decision in Robinson v P.E. Jones (Contractors) Limited has been eagerly awaited because of the topical debate surrounding builders' liability in tort for pure economic loss.


Easements - change of use of benefited land from garden to housing does not affect easement
  • Gowling WLG
  • United Kingdom
  • January 15 2010

In Davill v Pull, the claimant and the defendants each had a right of way over a track to access their respective adjoining plots.


Liability... without fault!
  • Gowling WLG
  • Canada
  • April 23 2009

Corporations operating plants, refineries and other facilities are forced to rethink and retool risk assessment strategies in the wake of the Supreme Court of Canada's decision in Ciment St. Laurent v. Barrette, which has confirmed the existence of a new form of no-fault liability in neighbourhood disturbance matters.


Getting their grooves back
  • Gowling WLG
  • United Kingdom
  • April 7 2009

Many intellectual property agreements include a clause which specifies certain consequences if material breaches are not remedied after a period of notice.


Landlord and tenant - landlord's rights of entry
  • Gowling WLG
  • United Kingdom
  • March 10 2009

In Heronslea (Mill Hill) Ltd v Kwik-Fit Properties Ltd, the High Court had to consider whether the landlord was entitled to carry out an "environmental investigation survey" on the tenant's premises.


Court endorses lower notice periods for short service employees and upholds option award
  • Gowling WLG
  • Canada
  • February 27 2009

In the recent decision in Saalfeld v Absolute Software Corporation, the B.C. Court of Appeal narrowed the application of a recent trend in B.C., which was spreading to other provinces, of severance awards as high as 5 or 6 months for employees with 2 years of service or less in a variety of non-senior management positions.


It's reasonable to rely on the court's decision
  • Gowling WLG
  • United Kingdom
  • January 9 2008

The appellants were tenants of a house let to them by a private landlord.