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  • Commercial - 25, August

    Anti Oral Variation Clauses

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    Posted by Hamish MacBean

    The Court of Appeal has recently injected some welcome clarity into a hitherto divided area of law. The question of whether variations to a contract may be concluded orally notwithstanding a contractual term to the contrary is one which has long been a source of dispute. A good measure of the difficulty arose from two … Continue reading Anti Oral Variation Clauses

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  • Commercial - 25, August
    Coins

    Litigation Fraud

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    Posted by Hamish MacBean

    ‘No judgment of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved, it vitiates judgments, contracts and all transactions whatsoever’[1] The question … Continue reading Litigation Fraud

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  • Commercial - 25, August
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    Penalty Clauses

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    Posted by Hamish MacBean

    The Supreme Court has, for the first time in 100 years, comprehensively reviewed the law surrounding penalty clauses. The decision in Cavendish v Makdessi[1] considers the long established principles in Dunlop v New Garage[2] and recasts them. The law concerning penalty clauses has a long and detailed history stretching back to the 16th century practice … Continue reading Penalty Clauses

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