TRG law - newsletter

 

TRG UPDATE - January 2018

 


Welcome to the first issue of the TRG Update in 2018. In this edition we cover:

  • Interpretation of liability clause reconsidered
  • When are remedies for breach of contract exclusive?
  • Opportunity to remedy breach before termination
  • Employer liable for employee’s data breach

Commercial Contract Law Seminar – 15th March 2018

As mentioned in our last mailing before Christmas, we are hosting our annual seminar in conjunction with the IACCM (International Association for Contract and Commercial Management) in March. The event is entitled ‘Hot Topics in Commercial Contract Law’ and will cover issues such as extreme liability and indemnity provisions, the General Data Protection Regulation and ownership of intellectual property rights.

Further details about the seminar and how you can book can be found here. Places are going fast and previous events have sold out so please reserve your place as soon as possible to avoid missing out!

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

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Interpretation of liability clause reconsidered

ROYAL DEVON AND EXETER NHS FOUNDATION TRUST v ATOS (CA)

The Court of Appeal reconsidered the interpretation of a clause seeking to limit liability and reversed the original Court’s decision. It found that a contractor's liability clause imposed two separate caps on liability rather than a single limit...More>>>

 

When are remedies for breach of contract exclusive?  

HARCAP v F K GENERATORS

Contracting parties are unlikely to intend to cut down the remedies which the law provides for breach of important contractual obligations and so make them exclusive remedies, without using very clear words having that effect. This was the Court’s conclusion in a case where a fee was payable for breach of contract and so this did not mean the injured party had no other remedies...More>>>

Opportunity to remedy breach before termination

INTERSERVE v HITACHI

The Court granted a declaration that a contractor ought to have been given the opportunity to remedy its breach of contract before its engagement was ended...More>>>

 

Employer liable for employee’s data breach

VARIOUS CLAIMANTS v MORRISONS

This was a group action which concerned the issue of whether an employer was liable, directly or vicariously, for the actions of a rogue employee who had disclosed personal information of co-employees on a website. Could the employer be liable under the Data Protection Act 1998, for an action for misuse of private information and/or for breach of confidence?...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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