The High Court has provided another reminder of how exacting the test is for implied terms. Even if you are in the waste management business. ...more
A clause stating that a reduction in room size by more than 3% would be “deemed material” related only to the materiality of the variation from the contract drawings, rather than the materiality of the resulting breach of...more
This ruling on the tort of inducing a breach of contract illustrates how industry knowledge can help fix a party with the requisite knowledge of the existence and terms of a contract, breach of which it is alleged to have...more
The High Court has considered the meaning of the requirement to “act in good faith and use commercially reasonable procedures in order to produce a commercially reasonable result” when calculating a Close-out Amount in the...more