May 2015 Archive

Conduct can alter a legal relationship even if there is an “entire agreement” clause

The High Court has recently reminded everyone that parties’ conduct can alter their legal relationship even if the contract contains an “entire agreement” clause. The case arose from a payment dispute between a housing association and a private sector housing maintenance contractor and provides a warning about starting work without implementing functional systems, leading to a compromise that actually ends up binding the parties.

Mitigating your loss; don’t make the problem worse.

Whenever a party suffers some form of injury or loss, whether by breach of duty or breach of contract, it has an obligation not to make matters worse. This is known as the duty to mitigate loss. The duty to mitigate loss means that a claimant must ensure that it minimises the loss it has suffered by taking reasonable steps to ensure that, where possible, the loss does not increase, and to not take unreasonable steps which may increase the loss.

Revoking a Lasting Power of Attorney

A Lasting Power of Attorney (LPA) allows someone, referred to as a Donor, to choose attorney(s) to take control of their finances. The Donor should choose someone they trust since once the LPA for property and affairs is registered with the Office of the Public Guardian, it can be used immediately by the attorney - unless there are a specific restrictions.
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