Commercial Contracts

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Recent Articles

  •  
    05/03/2024
    Middle East

    CMS guide on the new KSA Civil Code – Fourth Edition - Commercial Contracts

    Further to our recent introductory articles on the general principles of contract law available here); construction law (available here) and corporate transactions (available here); we have continued with our assessment of Royal Decree No. M/191 (the “Civil Code”), this time focusing on those chapters applicable to the technology and media sector.Set out below is a summary overview of the key provisions of the Civil Code relevant to commercial contracts in general terms, across various sectors which are supported by CMS including technology and media. Elements of ContractThe Civil...
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    02/02/2024
    United Kingdom

    TCC upholds exclusion of liability for fraudulent breaches of contract

    A recent TCC decision has decided that a generally worded exclusion clause was sufficient to exclude liability for fraudulent breaches of contract committed by a party’s employees or the party itself. The Court also concluded that the clause satisfied the reasonableness requirement under the Unfair Contract Terms Act 1977 which applies where commercial parties contract on standard terms. The Court’s findings have significant implications for the negotiation and drafting of exclusion and limitation clauses in commercial contracts generally.Excluding liability for fraud or wilful misconductGenerally...
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  •  
    24/01/2024
    England and Wales

    Research Misconduct: Limitation Clauses Effective for Fraud

    A recent case has important implications for universities undertaking research under contract. The High Court held that parties are able to rely on contractual exclusions or limitations of liability even where an employee breaches that contract through fraud. Further, the High Court found that the publication of an academic journal article fell under the contracted services with the consequence that failure to take all reasonable care to ensure its accuracy resulted in a breach of contract.In Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC),...
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    12/01/2024
    Poland

    Polish ‘Spatial Planning’ amendment facilitates cooperation between business and local authorities

    PL
    In July 2023, the Polish parliament enacted an amendment to the Spatial Planning and Development Act, which has introduced large-scale use of the Integrated Investment Plan (IIP), an alternative planning tool that has the potential to reshape cooperation between business and local authorities.Characteristics of the new planning toolThe IIP has been designed as a flexible tool for locating and implementing investments, and maintaining compliance with the general plan (the general plan now replaces the existing studies of spatial development conditions and directions). The IIP is a formalised platform...
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  •  
    20/12/2023
    Germany

    After public consultation, Germany’s BMWK to consider 12th amendment to the Act for Restraints against Competition

    On 4 December 2023, the public consultation closed on a 12th amendment to the German Act for Restraints against Competition (GWB). The consultation had been initiated by the Federal Ministry of Economic Affairs and Climate Action (BMWK) on 6 November, the date when the 11th amendment of the GWB had been promulgated in the Federal Gazette and went into force the day after. While the 11th amendment sharpens German cartel law by strengthening the powers of the German competition authority, the Federal Cartel Office, for the consultation the BMWK urged all concerned organisations, undertakings, associations...
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  •  
    11/12/2023
    Singapore

    Assigning rights where a contract contains a non-assignment clause

    This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC. The High Court of Singapore has recently decided that a non-assignment clause in a contract did not prohibit the assignment of non-contractual (or tortious) rights arising out of or in connection with the contract. This article considers the practical implications of that decision.IntroductionCan a party to a contract assign non-contractual rights arising out of the contract to a third party, notwithstanding the existence of a non-assignment clause in the contract?The validity and...
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