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SECTIONS 113 AND 110(1): CONDITIONAL PAYMENT CLAUSES (1) Overview 16.01 Introduction and Summary 16.01 (2) What Types of Provision Are Prohibited? 16.02 Pay-when-Paid Clauses under the 1996 Act 16.02 Conditional Payment Clauses under the 1996 Act 16.04 Conditional Payment Clauses under UCTA 16.10 Conditional Payment Clauses under the 2009 Act . . . Read more
SECTION 112: SUSPENDING PERFORMANCE (1) Overview 15.01 Introduction and Summary 15.01 (2) The Statutory Right to Suspend Performance 15.02 The Introduction of a Statutory Right to Suspend Performance 15.02 Supplemental to Other Rights 15.05 The 2009 Act Amendments 15.07 (3) Suspending Performance 15.08 What Is Required for the Right to . . . Read more
Notes 1 See para 13.59 ff. 2 See Rush & Tomkins Ltd v Greater London Council and Ors [1988] UKHL 7 (Lord Griffiths): ‘the contents of without prejudice correspondence … will not be admissible to establish any admission relating to the [party’s] claim’. 3 See Framlington Group Limited and Axa . . . Read more
Notes 1 The legal status of the act of delivery is the voluntary transfer of possession. 2 See ch 13 on termination and step-in rights.
Notes 1 For example, ch 6 on changes to the work and ch 7 on defects. 2 Maredelanto Compania Naviera SA v BerbauHandel GmbH (The Mihalis Angelos) [1970] 2 Lloyd’s Rep 43, [1970] 3 All ER 125. 3 As discussed in ch 10 in relation to acceptance and delivery. 4 . . . Read more
Notes 1 Some may think that English law would be reluctant to incorporate any principles derived from French law, no matter how sensible, useful or popular these may be. 2 Tandrin Aviation Holdings Ltd v Aero Toy Store LLC [2010] EWHC 40 (Comm), [2010] 2 Lloyd’s Rep 668, at para . . . Read more
Notes 1 This chapter provides an overview of the key aspects of guarantees in relation to offshore construction contracts. For a detailed discussion of the topic see Geraldine Andrews, Richard Millett, Law of Guarantees. (6th edn, Sweet & Maxwell 2012). 2 See Spliethoff’s Bevrachtingskantoor BV v Bank of China Limite. . . . Read more
Notes 1 Oscar Chess v Williams [1957] 1 WLR 370. Denning LJ observed that the ordinary meaning of both words is a binding promise. He stated: ‘Everyone knows what a man means when he says “I guarantee it” or “I warrant it” or “I give you my word on it”. . . . Read more
Notes 1 E J MacGillivray and others, MacGillivray on Insurance Law (13th edn, Sweet & Maxwell 2015). 2 Prudential Insurance Co v IRC [1904] 2 KB 658, 663. 3 Consideration is usually represented by the payment of premium or the promise to pay a premium, although it is possible for . . . Read more
Notes 1 Such agreements are often described as carry over agreements and are discussed in more detail in ch 17. 2 [2001] CLC 1552. 3 [1998] 1 Lloyd’s Rep 609, [1998] 1 A11 ER 883. 4 Misrepresentation Act 1967 s 2(2). 5 See Johnson v Agnew [1980] AC 367, where . . . Read more