Corporate and commercial | 01 October 2010

An injured party is entitled to claim for damages in compensation for breach of contract by the guilty party, provided the damages are not too remote. The principle for the remoteness of damages was first laid down in Hadley & anor v Baxendale & ors [1854], and has stood as good law ever since.

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Corporate and commercial | 01 September 2010

Freedom of contract is a cornerstone of English contract law. It prevents parties that have struck bad or downright foolish bargains from obtaining judicial assistance when seeking to extricate themselves from their contracts. While courts are understandably loathe to intervene in poorly negotiated contracts, they do have the power to assist in cases of genuine mistake and to give effect to the intentions of the contracting parties. In the recent case of Surgicraft Ltd v Paradigm Biodevices Inc [2010], the High Court explored the issues surrounding rectification of mistakes and the relevance of entire agreement clauses in such circumstances.

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