Contract
Loss of commercial opportunity
CONTRACT – breach – solicitor’s retainer – failure to pursue proceedings against third party – loss of commercial opportunity of recovery – proceedings later successful – no recovery due to third party’s bankruptcy – whether solicitor’s breach caused loss of valuable opportunity – whether plaintiff entitled to damages – assessing damages for loss of valuable…
Read MoreImplying law into contracts
Bayside Council v V Corp Constructions Pty Ltd [2017] NSWCA 120 39. In dealing with a deed of release, in Bank of Credit and Commerce International SA v Ali, [5] Lord Hoffmann, after noting that the language of the document was “very wide”, continued: “So I think that anyone who was simply reading the document without preconceptions…
Read MoreConstruing exclusions in an insurance contract
The policy should be read on the assumption that the exclusions removed claims that would otherwise be within cover. Accordingly, the claim by the trustee against one of the named insured was brought by a “third party” within the insuring clause
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