Eggs, Liability and Data Protection

Posted on Mar 28, 2018 in Bugg’s Boilerplate, General

Changes in the law are impacting liability in all areas of our daily life. Here is the first draft of a warning that perhaps could be used on Easter eggs in the future: DISCLAIMER: Notwithstanding anything you may believe or want to believe or you think that others (hereinafter referred to as the “Third Party”) should believe, and to the full extent permitted by law, these goods (hereinafter referred to as the “Egg”) are...

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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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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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