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Contract issues

8 March 2011 - Immingham Storage Company Ltd v Clear plc

Was a contract concluded by the return of a signed quotation which included the words "A formal contract will then follow in due course"?

28 February 2011 - McCain Foods included Ltd v Eco-Tec (Europe)

Could the losses claimed be categorised as indirect, special, incidental or consequential and therefore fall within the exclusion clause?

11 February 2011 - James Andrew Robinson v P.E. Jones (Contractors) Ltd

Can a builder owe his client a concurrent duty of care in tort in relation to pure economic loss? On the facts of the case, did the contractors owe a duty to prevent pure economic loss?

1 November 2010 – Nickleby FM Ltd v Somerfield Stores Ltd

In adjudication enforcement proceedings, was Nickelby advancing a new case that was different to the one relied on during the adjudication process. If so, was that allowed?

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4 October 2010 - Azimut-Benetti Spa v Healey

Was Azimut entitled to summary judgment under the guarantee? Was the liquidated damages clause a penalty and so unenforceable?

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Links
[1] https://www.fenwickelliott.com/sites/default/files/legal_briefing_38-2010.pdf [2] https://www.fenwickelliott.com/sites/default/files/legal_briefing_36-2010.pdf [3] https://www.fenwickelliott.com/print/research-insight/newsletters/legal-briefing/contract-issues?page=9