Top Twenty Quiz Solutions from the January edition

Posted on Feb 3, 2014 in General, Lawspeak

time is of the essence. Contractual requirement specifying that the date, deadline or time period referred to is a material term and that in case of breach (a delay) the innocent party has a right to terminate the contract. a Romalpa clause. Provision of a contract (named after a particular party in a case) retaining title or ownership in property until payment is made for the goods. without prejudice (in an offer of settlement). The related...

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February 2014

Posted on Feb 3, 2014 in General, Lawspeak

As much as the unfettered entrepreneur would like to act otherwise, the fact is that contracts do not exist in a vacuum. In all legal systems the principles of justice (dressed up in common law jurisdictions as the white knight of equity) as well as statute and case law try to impose standards of reasonableness in contracts. It is critical that we can avoid or minimise the impact of any challenges to contract provisions by staying within those...

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Trying to be “reasonable”

Posted on Feb 3, 2014 in General, Lawspeak

Throughout common law there are numerous references to a test of “reasonableness” or, as judges used to still call it at the beginning of the 20th century, the position of “the man on the Clapham omnibus.” But there is a difference between the Law of Torts and the Law of Contract: The key element of the tort of negligence is a duty to take reasonable care. This duty is usually established in each specfic case by court judgment and can arise...

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