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Loss of commercial opportunity

By robert / June 20, 2018 /

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…

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Implying law into contracts

By robert / March 26, 2018 /

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…

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Construing exclusions in an insurance contract

By robert / July 12, 2017 /

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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Construction and interpretation of contracts

By robert / December 8, 2016 /
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Contract: objective approach

By robert / August 2, 2016 /
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