Drafting: Choosing your friends, and relations

Clarke Willmott LLP | The Commercial Litigation Journal | November/December 2019 #88
John Flint places a recent decision on relational contracts in context ‘A general obligation to act at all times in good faith towards a counterparty because the contract was “relational” might fail to have regard to rights and obligations created by the express terms.’ Traditionally the English courts have avoided implying a duty of good …

Continue reading "Drafting: Choosing your friends, and relations"

This post is only available to members.

Implied terms: Grief in Greendale

Severn Trent Water Ltd | The Commercial Litigation Journal | May/June 2019 #85
Kate Raybould highlights the woes of the Post Office ‘The claimants argued that liability for losses was limited to losses caused by their own default or negligence, whereas the Post Office maintained that liability was effectively strict for any losses, howsoever caused.’ Although it may not be immediately apparent when you pop in for a …

Continue reading "Implied terms: Grief in Greendale"

This post is only available to members.