Contract warranties and breach of warranty

06/08/2012

Warranties are common in commercial agreements, especially where businesses are sold. They can create delay, cost and friction in such situations, so a creative, clear and proportionate approach is advisable. Contract warranties – what, why, when? In essence, a warranty is a promise given by one party to another that a given statement or set READ MORE

Why do some companies have different classes of shares ?

01/08/2012

Many Companies have different classes of shares. There are a number of different reasons why the shareholders of a company would chose to structure the company in this way. One of the most common reasons for having different classes of shares or preference shares is when a party wishes to invest in the company. By READ MORE

Negligent Misstatement

01/08/2012

What constitutes a negligent misstatement? A negligent misstatement is a claim which is brought by one party against another at common law in tort. This claim arises if the party against whom the claim is brought made a statement which was considered to be negligent (Defendant) and the party bringing the claim (Claimant) relied on READ MORE

Limitation of liability in contracts

26/07/2012

Limitation of liability in contracts It is common, with contracts, particularly sales of goods or services, to encounter a clause seeking to limit the liability of the seller or service provider. The principle is that a party to a contract will seek to limit financial liabilities to a fixed sum or defined loss. The extent READ MORE

What is Privity of Contract ?

07/07/2012

The doctrine of Privity of Contract is applied in contract law and the general rule it creates is that only the actual parties to a contract have rights and obligations under it and thus the ability to bring a claim for a breach of contract under the terms and conditions of the contract. This doctrine READ MORE