Key terms: Square pegs and round holes

Walker Morris LLP | The Commercial Litigation Journal | November/December 2019 #88
Gwendoline Davies explains the importance of categorising contractual terms ‘A key point for contract negotiators and drafters to appreciate is that, in many cases, a judgement call will be needed as to whether a contractual term should be expressed to be a condition or a warranty, or whether the terms should be innominate.’ In the …

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Contract: Show me the molar

Herbert Smith Freehills LLP | The Commercial Litigation Journal | July/August 2014 #56
Gregg Rowan and Daniel Woods consider a recent case on repudiatory breach ‘Commercial parties may wish to seek an express right to terminate where there is a delay in performance of particular obligations. Where there is no express right, parties should always consider carefully before seeking to terminate on grounds of delay.’In a recent decision, …

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Contract: The root of the problem

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | Procurement & Outsourcing Journal | May/June 2014 #18
David Sawtell reviews the law of repudiation When determining whether a breach of an innominate term has “gone to the root” of a contract, the courts have adopted a more easily applied list of factors to be consideredWhere a defaulting party is in repudiatory breach of an agreement, the injured party is not only entitled …

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Construction Focus: Termination of contract – the wider picture

John Starr | Property Law Journal | February 2014 #318
John Starr reviews the problems that can be encountered on termination, as well as a detailed look at repudiation in the context of recent case law ‘Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd and anor [2013] highlights some of the problems that can arise on the termination of a construction contract. Although it was …

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