Common Sense, Liability and Interpretation

Posted on Mar 6, 2018 in Bugg’s Boilerplate, General, Lawspeak

  The devil may be in the (grammatical) detail, but now it seems that the angel of common sense is coming to assist contract law. After many, many years (you could even say decades) of some English courts interpreting liability clauses in a very strict manner and refusing to support unclear or vague wording, in Royal Devon & Exeter NHS Foundation Trust v ATOS IT Services UK Ltd [2017] EWHC 2197 (TCC), the Court of Appeal has again...

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Fasching: Fun and Frustration

Posted on Feb 9, 2018 in Bugg’s Boilerplate, General, Seminars

First of all the fun…last calls! Ash Wednesday will be long gone by the time of the meeting, but the seminar work is intended to bring some post-Fasching fun in learning by doing. Places are still available in my seminar:  “Legal and Contract Drafting in English“ 2-3 March 2018, in Nürnberg Information on how to register, deadlines and further seminar details can be found here.   Now for the frustration…Way back in 2015...

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Rust Never Sleeps: FIDIC 2017

Posted on Jan 24, 2018 in General, Lawspeak, Seminars

Just in case you’ve finally started feeling comfortable using the International Federation of Consulting Engineers (FIDIC) standard “Suite of Contracts” from 1999 (Red Book, Yellow Book, to mention but two), December 2017 saw the official launch of a whole new set of revised template contracts for the construction and project work industries. Of course, the author (and copyright holder), FIDIC called the launch event in London...

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Merry Christmas!

Posted on Dec 21, 2017 in General

Best wishes for Christmas and a peaceful, relaxing and rewarding 2018 with family and friends. Stuart Buggand the Augustin & Bugg Team  

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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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