July 2011 Archive

Entire agreement clauses

The inclusion of an “entire agreement” clause in many contracts is essentially a declaration that the contract represents the final and complete agreement between the parties, excluding all other previous agreements and representations. So what does this clause contain and why it is used?

Consequences of breach of contract

In the recent case of AstraZeneca UK Limited v Albemarle International Corporation and Albemarle Corporation (2011) (AstraZeneca), a High Court judge has indicated that, if necessary, he would decline to follow the finding in the controversial case of Internet Broadcasting Corporation Ltd (t/a NetTV) v MAR LLC (t/a MARHedge) (2009). In the NetTV case the defendant decided without any explanation or justification that it was not going to perform its contractual obligations any more. In other words, it decided to walk away from the contract putting it in deliberate repudiatory breach of the contract.
Filter by expertise