Software contract clause limiting warranty to operating documents that had...
Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...
View ArticleFailure to make exclusion clause wording work under English law rather than...
P supplied oil to B under a free on board (‘FOB’) contract. Clause 18 of the contract stated that there were no ‘guarantees, warranties or representations’ as to the fitness of suitability of the oil...
View ArticleCourt refuses to sever offending wording in restrictive covenant clause if it...
The franchisor and franchisee had restrictive covenants on the franchisee after termination. In order to be enforceable, restrictive covenants have to be reasonable as to duration, area and content. If...
View ArticleMinimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne...
The Office of Fair Trading has successfully obtained an injunction against someone who recruited new members for their gym and health club clients. In the standard agreements that X advised their...
View ArticleSony requires PlayStation Network users to sign up to terms and conditions...
Sony has required its PlayStation Network users to sign up to new terms and conditions that would amount to their waiver of the right to take part in collective legal action, or so-called “class action...
View ArticleAgent can act for competing principals under Commercial Agents Regulations –...
S had been appointed as Diamond’s agent for the sale of Diamond’s leather upholstery products in the UK and Ireland. Four years later, S transferred its business to Rossetti. Shortly after the...
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