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As a consequence of the disfavour with which the judiciary have looked on exclusion clauses, a number of rules of construction have been de...
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As well as performing any express undertakings in the contract, the seller must also comply with certain terms implied into the contrac...
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There are two mechanisms for dealing with mistakes in written contracts: • Rectification Where the written document fails to st... -
An exclusion clause cannot be effective unless it is actually a term of a contract. There are three ways in which such a term may be insert... -
The SSGA 1994 repealed the implied condition of ‘merchantable quality’ and replaced it with the current s 14 There is an...
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INTRODUCTION When a contract is discharged, the parties to the agreement are freed from their contractual obligations. A contract i...
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It is possible, and common in business contracts, for the parties to an agreement to make provisions for possible breach by stating in ...
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In this type of agreement, there is a presumption that the parties do not intend to create legal relations. In Balfour ...
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Problems have become evident in the operation of the arbitration procedure, particularly in cases where one party has been represented ...
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Magistrates’ courts have considerable power. In relation to criminal law, they are empowered to try summary cases, that is, cases which...
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