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TRG UPDATE - April 2019

 


Welcome to the latest issue of the TRG Update. In March we held the latest of our very well established annual Contract Law ‘hot topics’ seminars in conjunction with the IACCM (The International Association for Contract & Commercial Management). We are delighted to report that, once again, the event received an incredibly positive response from delegates. Overwhelmingly people said they would come again to the 2020 version and, particularly pleasing was the fact that:-

  • 100% of respondents said they would recommend the course to colleagues;
  • 100% of respondents agreed that they could begin applying what they had learned within their business.

In this edition we feature cases on:

  • Brexit and frustration (in the strict legal sense)
  • Implied terms and relevance of words deleted from earlier drafts
  • The dangers of Heads of Agreement
  • Liquidated damages and termination

An archive of previous cases featured in our Updates is available here.

We have also recently written two articles that may be of interest to readers. The first on the limitations of ‘entire agreement’ clauses and the second on the law of set-off and the drafting of set-off provisions. If you would like a copy of either article please contact us.

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Brexit and frustration of a contract

Canary Wharf v European Medicines Agency [2019]

In the context of the ongoing Brexit negotiations, issues were always going to arise as to the effect of Brexit on ongoing commercial contracts. This was the first case of its kind where the EMA tried to claim that its long lease in respect of offices at Canary Wharf had been frustrated by Brexit... More>>>

 

Implied terms  

Bou-Simon v BGC Brokers (Court of Appeal) [2018]

Another case focussing on the rules governing when terms will be implied into a commercial contract. This case had an interesting twist as the court had to consider the relevance of words that had been deleted in previous drafts of the agreement during the negotiation process... More>>>

 

Heads of Agreement

CRS v McLaren Automotive [2018]

Heads of Agreement (under whatever title or guise) are a commonly used mechanism to enable work to commence whilst more formal and comprehensive legal documentation catches up. However, there are dangers to such an approach as CRS and McLaren discovered to their cost... More>>>

 

Liquidated damages and termination

Triple Point Technology v PTT [2019]

Liquidated damages provisions are quite common as a way of compensating a customer for delay and providing some incentive to perform on time. This case featured the interaction between a liquidated damages provision and the termination of the Agreement... More>>>

This email is intended as general information only and not as legal advice. If you require any advice, please contact us.

© TRG Law Limited 2018

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TRG Updates contain practical summaries of important legal developments in commercial contract law, including information technology and related areas.

TRG BRIEFings are brief ‘alerts’ to key contract, technology and intellectual property related legal issues and developments.

TRG law specialises exclusively in the drafting, negotiation and interpretation of technology, outsourcing and commercial contracts.

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