Welcome to the latest issue of the TRG Update.
Slightly later in the year than usual and in a different format, our annual English Commercial Contract Law – Hot Topics event in conjunction with World Commerce & Contracting (formerly the IACCM) will be taking place very shortly. Instead of the usual full day, in person event, this year’s session will be taking place exclusively online and split into 3 ninety-minute slots held on Wednesday the 12th, 19th and 26th May, each starting at 2pm and concluding at 3.30pm.
- Suitable for those involved in negotiating and drafting contracts.
- Review of recent developments and the implications for your business.
The first session will cover issues of contractual performance and responsibilities including contract formation, time of the essence, best / reasonable endeavours, withholding consent.
The second session will focus on the impact of Brexit on contract drafting as well as the latest cases on relational contracts and duties of good faith.
The third session will focus on liability caps, exclusions, indemnities and liquidated damages / penalty provisions.
Each session will include 15 minutes for questions at the end.
Feedback from attendees at the 2020 event was incredibly positive
- The part on relational agreements and their implications was especially useful and thought provoking;
- List of topics represents perfectly what I meet in my day to day work and I got plenty of food for thought;
- Excellent seminar. Paul covers an array of commercial topics in an easy to understand format which have some great take-aways for use at work;
- 100% of respondents either agreed or strongly agreed that following the seminar they could begin applying what they had learned.
To book a place please visit the World Commerce & Contracting web site at https://www.worldcc.com/Events/Event-Info/sessionaltcd/21_05_12_LD
In this edition we feature:
- The meaning of ‘manifest errors’ in a dispute resolution clause
- Making sure you provide a valid notice of a contractual claim
- Attribution of knowledge of sub-contractors
- Rights of set-off in equity
An archive of previous cases featured in our Updates is available here.
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‘Manifest errors’ in dispute resolution
Flowgroup v Cooperative Energy (High Court) [2021]
An important part of a contract is the clause which determines how disputes are to be resolved. Typically, jurisdiction over disputes is given either to the courts, to an arbitrator or an independent expert. In the latter case, a typical clause will provide that the expert’s decision is ‘final and binding except in cases of ‘manifest error’’ but what exactly does that phrase mean?... More>>>
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Providing valid notice of a contractual claim
Dodika v United Luck Group (High Court) [2020]
Contracting parties should always strive to comply with contractual notice provisions to the absolute letter. Failure to do so may render a claim invalid or out of time and, in this case, United’s luck ran out... More>>>
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Knowledge of sub-contractor attributed to the prime?
CIS v IBM (High Court) [2021]
Performance of a contract is often dependent upon multiple sub-contractors. Contracts typically provide that the acts and omissions of the sub-contractor are deemed to be those of the prime contractor who is liable to the customer or client accordingly. Effectively, for this purpose, they are treated as being part of a single entity. However, such clauses rarely, if ever, deal with the attribution of knowledge and, perhaps they should ... More>>>
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Rights of set-off and their exclusion
CIS v IBM (High Court) [2021]
Rights of set-off can be incredibly important in the context of contractual disputes. For that reason, supplier drafted terms and conditions often try to exclude rights of set-off entirely whilst customer drafted contracts often try to extend rights of set-off that apply at common law and by virtue of equity. It is important to understand that there are two distinct rights of set-off each of which have their own rules and scope of application. The two rights are known respectively as ‘legal’ and ‘equitable’ set-off rights, the latter of which is much broader and arguably more valuable since it applies at an early stage before legal proceedings have commenced. The CIS case contained a very useful discussion of equitable set-off rights... More>>>
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This email is intended as general information only and not as legal advice. If you require any advice, please contact us. |
© TRG Law Limited 2019
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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Paul Golding
Tracey Tarrant
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