What is “gross” when it comes to contracts?

Posted on Nov 22, 2017 in Bugg’s Boilerplate, General, Seminars

English law consists of various areas of law with different theories of liability. Under the Law of Torts, there is traditionally no difference between “gross” negligence and  simple negligence: Wilson v Brett (1843) 11 M&W 113. However, under Crminal Law “gross” negligence will attract criminal liability but negligence by itself is normally not sufficient for a criminal offence. And, under Contract Law if an...

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A judicial mix: English Language and German Law

Posted on Nov 16, 2017 in Bugg’s Boilerplate

English is undoubtedly the most common language of cross-border business. However, if a contract has a jurisdiction clause (also a “forum” or “venue” clause) selecting a non-common law jurisdiction, such as Germany, English cannot normally be used as the language of court proceedings. Thus, if the parties agree on the jurisdiction of the Federal Republic of Germany, the rule is that German procedural law (ZPO) and the...

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