Hadley v Baxendale [1854] EWHC Exch J70 – Law Journals

Contract: Including exclusion

Gwendoline Davies looks at the courts’ changing approach to interpretation of exclusion clauses ‘The Unfair Contract Terms Act (UCTA) can determine the enforceability of clauses which seek to restrict or exclude business liability in some commercial contracts, including the majority of supply contracts.’ The interpretation of exclusion clauses in commercial contracts has continued to prompt …

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Remoteness: The primrose path

Michael Ward reflects on recovery under cross-undertakings in freezing injunction cases ‘If Transfield Shipping applies to cross-undertakings in damages (CUD) inquiries, it would raise the possibility in some cases of a claimed loss being foreseeable under the orthodox approach but still ultimately irrecoverable on remoteness grounds.’Cross-undertakings in damages (CUDs) are given by an applicant for …

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Damages: Of little consequence

Jeremy Farr and Shawn Kirby discuss the interpretation of a consequential loss clause ‘The correct starting point of interpretation of the clause was with the natural and ordinary meaning of the language chosen by the parties to give effect to their intent.’ In a decision with potentially far-reaching implications for commercial parties generally and the …

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Construction Focus: Is your building contract complete?

John Starr discusses the various outside influences that make up a construction contract ‘Building contracts are not designed to be complete, even on their own express terms, still less in respect of outside influences, such as pre-contractual representations, or terms implied by law or otherwise.’ A building contract, like any other contract, is, to an …

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Tenants: Tread with care!

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Raymond Cooper highlights the potential problems with including an indemnity covenant in a lease that provides a remedy for breach of the tenants’ own covenants In Royscott [1993], the tenant argued that the landlord should have tried to mitigate the expenses, and the Court of Appeal held that an indemnity was a debt claim and …

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