Even within a recovering rental market, the impact of insolvency can be severe. In particular, the power to disclaim a lease as onerous property can have significant implications for not only parties ...

It is often difficult to predict what will be recoverable as damages for breach of contract. To provide some certainty, parties will often seek to agree the sum that will be payable in the event of ...

Since the introduction of the Insolvency Act 1986 (the 1986 Act), there has been a standard way of dealing with the leasehold premises of a company in administration as part of the sale of the ...

The past fifteen years have seen several cases in the IT sector in which the UK courts have had to consider the enforceability of contract limitations and exclusions under the Unfair Contract Terms ...

Recent cases have illustrated a growing trend of third parties, often themselves involved in litigation, seeking to obtain documents not only from the court file, but also at trial, in relation to ...

Singapore law comprises primarily statutory law as well as common law. The primary legislation governing the provision of insurance and reinsurance business is the Insurance Act (Cap 142) (the ...

Apart from specific requirements imposed to minimise the chance of loss, the insurer may also insist on more general obligations, such as a clause requiring the insured to take reasonable care to ...

The European Convention on Human Rights (ECHR), drafted in the immediate wake of the Second World War as a bulwark against the resurgence of fascism and the spread of Stalinism, guarantees certain ...

In SMS Tea Estates Pvt Ltd v M/s Chandmari Tea Co Pvt Ltd [2011], the Supreme Court addressed the following questions posed for its consideration: Whether an arbitration agreement contained in an ...

A warranty is a contractual assurance from a seller to a buyer. It is a subsidiary or collateral provision to the main purpose of the agreement: the sale itself. A breach of warranty claim is an ...

Dr Eduardo Mayora A and Juan Pablo Gramajo of Mayora & Mayora discuss Guatemala’s legal system and the opportunities available there for foreign investors. Guatemala’s legal system creates an open ...

In most non-insurance contracts, the party suffering from the other’s breach is obliged to mitigate its loss. It might be argued that an insured is subject to this doctrine in respect of an insured ...