TRG law - newsletter


TRG UPDATE - September 2019


Welcome to the latest issue of the TRG Update.

In this edition we feature cases on:

  • The latest on ‘penalty’ provisions
  • Heads of Terms as a binding contract
  • ‘Extreme’ exclusion of liability upheld
  • Take great care when drafting contractual notices

An archive of previous cases featured in our Updates is available here. If we can be of any help to you in connection with the drafting, negotiation or interpretation of your commercial contracts please do not hesitate to get in touch.

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The latest on ‘penalty’ provisions

Simantob v Shavleyan (Court of Appeal) [2019]

This case raises issues relating to the question of penalties and what, mutual consideration or value is required, if any, in order to make the variation of a contract binding... More>>>

Heads of Terms as a binding contract

Green Deal Marketing v Economy Energy Trading (High Court) [2018]

Heads of Terms are routinely used as a basis for negotiating a substantive contract document but as this case illustrates, they can easily become the contract itself if the parties act on them and do not ultimately conclude a more formal document... More>>>

‘Extreme’ exclusion of liability upheld

Difference v Unitel (Sheriff Court) [2019]

Limitation and exclusion of liability clauses are highly contentious and in many commercial contracts, fiercely negotiated They need to be very carefully drafted to ensure that they are effective at excluding or limiting liability as intended and to ensure that they will stand up to judicial scrutiny. There are several examples over recent years where clauses have sought to go too far and have been declared unreasonable and therefore unenforceable. At first glance that seemed a distinct possibility in this case ... More>>>

Take great care when drafting contractual notices

Stobart Group v Stobart (Court of Appeal) [2019]

Another useful reminder that very great care must be taken when drafting (and serving) notices pursuant to a contract. Failure to do so may invalidate the notice and deprive a contracting party of a very valuable claim ... 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 2019

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

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