Tag Archives: Causation

More Articles and Judgments Added

Posted by malconlaw on

Over the last few days we have added a number of articles together with their associated Judgments.

Amicable Settlement – A Vital Tool – This article considers the use of amicable settlement to resolve disputes before the litigation stage. It all so discussed the fact that attempts to reach amicable settlement is becoming essential rather than optional with the wording of standard forms.

Causation – Remoteness and Foreseeability Tests in Determining Eligibility of Claims – This article looks at the connection between the contract breach and the damage or loss and the necessity for the parties to have contemplated such when entering into the contract.

Caution to be exercised in the use and drafting of Letters of Intent – This Article discusses the pit-falls that face the parties to in inadequate letters of intent are used and looks at the essential content for a letter of intent.

Comparison of the Engineer under FIDIC Red Book 1999 and the FIDIC Red Book 4th Edition – As the title suggests this article considers how the impartiality and duties and obligations of the Engineer have changes under the 1999 FIDIC Red Book in comparison to the earlier FIDIC Red Book 4th Edition 1987.

Dealing with the Acceleration Issue Within this article the definitions of acceleration, its causes, acceleration agreements, together with claims and the quantification of acceleration costs are considered.

Expert Witness No Longer Enjoy Immunity for Negligence This article discusses the effects that the landmark judgment in the case of  Jones v Kaney 2011 has changed the liability of  the Expert Witness.

In addition to the above articles there are new articles relating to ‘fit for purpose’ , the Statute of Limitations Act and the effects concealment can have on limitations, Novation and Assignment are compared and the ‘Entire agreement’ clause is explained.