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Monthly Archives

November 2022

Unreasonable or Disproportionate Rectification Scope – Where do Courts Draw the Line? ConstructionLaw
28 November, 2022

Unreasonable or Disproportionate Rectification Scope – Where do Courts Draw the Line?

Where defective construction work requires rectification and the rectification work is carried out by the Principal, the Principal is entitled to recover the cost of those rectification works in the form of damages. This article considers the extent of the damages recoverable by a Principal. How does a Principal recover…
Penalties in Loan Contracts CommercialLaw
17 November, 2022

Penalties in Loan Contracts

Introduction In the current inflationary market, lenders are changing the terms on which they are willing to lend money to both individuals and businesses.  For most borrowers, the key variable is interest rates. Can an interest rate under a loan ever be so high that a court will refuse to…
The doctrine of frustration in land contracts ContractsProjectsProperty
4 November, 2022

The doctrine of frustration in land contracts

The Doctrine of Frustration Frustration operates to bring a contract to an end in circumstances where an intervening, post-contract event has occurred through no fault of the parties, which makes a contractual obligation impossible to perform or transforms a contractual obligation into a fundamentally different obligation. Frustration in contract generally and…