Continue reading "Key terms: Square pegs and round holes"
Key terms: Square pegs and round holes
Gwendoline Davies explains the importance of categorising contractual terms ‘A key point for contract negotiators and drafters to appreciate is that, in many cases, a judgement call will be needed as to whether a contractual term should be expressed to be a condition or a warranty, or whether the terms should be innominate.’ In the …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Ark Shipping Company LLC v Silverburn Shipping (IOM) Ltd [2019] EWCA Civ 1161
- Grand China Logistics Holdings (Group) Co Ltd v Spar Shipping AS [2016] EWCA Civ 982
- Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7