Implied terms: Grief in Greendale

Severn Trent Water Ltd | The Commercial Litigation Journal | May/June 2019 #85
Kate Raybould highlights the woes of the Post Office ‘The claimants argued that liability for losses was limited to losses caused by their own default or negligence, whereas the Post Office maintained that liability was effectively strict for any losses, howsoever caused.’ Although it may not be immediately apparent when you pop in for a …

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Development: Overage and contractual interpretation

Walker Morris LLP | Property Law Journal | March 2019 #369
Martin McKeague and Will Cousins analyse recent key cases on the interpretation of overage agreements ‘Mr Biden’s argument was that the overage provision gave him complete discretion as to whether and when to sell the properties and, therefore, whether and when to pay the overage.’ In recent years and months, contractual interpretation, and in particular …

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