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Unfair Contract Terms Breach of Contract

A&O Shearman

Exclusion clauses: grasping the nettle at the summary stage

A&O Shearman on

The High Court has granted summary judgment on the basis that a claim for breach of various general contractual obligations were subject to an effective exclusion clause. The clause was also not subject to the...more

Walkers

New Guernsey trading standards rules from October 2023

Walkers on

Introduction - The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (the "Trading Standards Ordinance") is due to come into force on 2 October 2023.  From this date, businesses in Guernsey will be subject to...more

BCLP

In the spotlight: Statutory Implied Conditions, Exclusions and Questions of Reasonableness

BCLP on

A recent case (Last Bus Ltd (trading as Dublin Coach) v Dawsongroup Bus and Coach Ltd [2022]) has provided a useful reminder of the circumstances in which commercial parties may exclude statutory implied terms, as well as...more

A&O Shearman

Widely drafted exclusion clause upheld

A&O Shearman on

The Court of Appeal has, yet again, held that a widely drafted exclusion clause represented the allocation of commercial risk between two parties in the satellite telecoms industry. The exclusion clause precluded the claimant...more

Pillsbury Winthrop Shaw Pittman LLP

Dealing on Written Standard Terms of Business—Guidance from the English Court of Appeal

The English Court of Appeal considers whether the use of model form agreements could constitute dealing “on written standard terms of business” The decision will give comfort to lenders who use precedents or model form...more

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