marcuscleaver · X v Kuoni Travel Ltd [2021] UKSC 34 When a holiday went horribly wrong in 2010, Mrs. X decided to bring a claim against the tour operator. Many years later, and after a reference to the Court of Justice of the European Union,
marcuscleaver · Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32 When a law firm decided to collaborate with one firm instead of another, the practice that had been shunned tried to enforce a restraint of trade clause in a non-disclosure agreement. The question
marcuscleaver · Triple Point Technology Inc. v PTT Public Company Ltd [2021] UKSC 29 A contract dispute that led to a claim for damages turned on the meaning of the word negligence. Should the meaning be restricted to the tort or also encompass a breach
marcuscleaver · Burnett or Grant v International Insurance Company of Hanover Ltd [2021] UKSC 12 After a doorman inadvertently killed a man outside of a bar in Aberdeen, his widow brought a claim against the security firm’s insurers. An exclusion caluse in the policy meant
Some terms of a contract will have more importance than others. Originally s. 11 of the Sale of Goods Act 1893 makes a distinction based on what should happen when there is a breach:* breach of a condition give the right to treat the contract
When Dr. Duval found out that her landlord had granted her neighbour a licence to carry out structural work to their shared property she was not happy and brought a claim for breach of the lease. On the one hand the agreement doesn’t specifically ban
An administrative error creates an opportunity for a company to end an agreement that costs them thousands of pounds every year. When they do this the case ends up going to the Supreme Court who have to make a decision about just how costly that
An estate agent agreed to help sell certain properties but was denied his 2% commission when the purchases were finalised for £2.1 million. In this case the court had to decide not only if there was an agreement between the agent and his client but
In contract law, terms can be created or modified either orally or in writing but what happens when a contract specifically excludes oral modifications? Does a subsequent oral modification cancel out that original clause or would the modification be invalid? In this episode we find
When Wood sold his company to Capita it transpired after an internal review that insurance policies had been misrepresented to customers. Capita tried to recover the compensation that they were obliged to pay out but Wood disputed this on the basis of the wording of