Showing: 31 - 35 of 35 Articles

What Are You Implying?

In Yoo Design Services Ltd v Iliv Realty PTE Ltd the Court of Appeal has, once again, shown itself to be averse to exercising the ‘extraordinary power’ to intervene in a contract by implying a term in anything other than the most clear-cut cases. While it is understandable that claimants, in the absence of any helpful express terms, make claims based on the implication of terms, a party doing so must appreciate the height of the hurdle to be cleared.  

Resolving Exclusion Confusion

In its hotly anticipated judgment in Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited the Court of Appeal of England and Wales has reaffirmed that the courts should apply the conventional rules of contractual interpretation to exclusion clauses: if parties intend to exclude a particular type of loss, they should use clear and unambiguous language to do so.

Scope of Reasonable Endeavours Obligations in Force Majeure Clauses

In an important and timely judgment in MUR Shipping BV v RTI Ltd, the High Court of England and Wales has provided guidance as to the scope of a ‘reasonable endeavours’ obligation in the context of a force majeure clause triggered by the imposition of sanctions. In short, a party subject to such an obligation is not required to accept non-contractual performance to circumvent the effect of a force majeure event.