Litigation Notes

High Court applies contractual cap on liability only after reducing damages for contributory negligence 

In a recent case, the High Court has clarified the correct approach to reducing damages in order to reflect a finding of contributory negligence where …

Court of Appeal grants award for unjust enrichment where contract did not set out full terms for payment

The Court of Appeal has granted an award for unjust enrichment where a claimant was contractually entitled to receive an introduction fee if a property …

Loss of profits awarded for breach of collateral warranty which induced claimant to arrange purchase of goods from defendant on hire purchase terms

In a recent decision, the High Court has upheld a claim for breach of collateral warranty where the claimant was induced to arrange the purchase of the …

How far can you act in your own self-interest? The role of good faith in commercial contracts

High Court finds no binding contract for commission for introduction of valuable Formula One sponsorship deal but awards quantum meruit

The High Court has rejected a company's claim for commission for the introduction of a sports sponsorship opportunity on the basis that there was no …

Pre-contractual statements: When can they come back to bite you?

Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual …

Court of Appeal finds entire agreement clause did not preclude terms of superseded contract being admissible to explain meaning of unconventional term

The Court of Appeal has held that the parties agreed a binding variation to incorporate additional services (Intermediate Minor Oral Surgery, or IMOS, …

Court of Appeal clarifies test for rectifying terms of written contract for common mistake

The Court of Appeal has upheld a decision granting rectification of two deeds on the basis that they did not reflect the parties' subjective common …

What does your contract mean? How the courts interpret contracts

All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in …

Court of Appeal decision illustrates proper application of compensatory principle of damages, as well as modern approach to contractual interpretation

Court of Appeal finds defendant gave good consideration for varied settlement in agreeing to give up defence that was later found to be without merit

The Court of Appeal has recently upheld a first instance decision that there was a binding agreement to vary a settlement agreement: Simantob v …

High Court awards full purchase price as damages for breach of warranty under share purchase agreement

The High Court has held that a purchaser was entitled to an award of damages amounting to the full purchase price under a share purchase agreement …