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Contract or tort – pros and cons

There are different measures for calculating damages, depending on whether the claim is contractual or tortious. Moreover, if a claimant has a claim in both contract and tort, then they can choose whichever produces the better outcome.
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Exclusion clause – ambiguous

The CA recently dealt with an ambiguous exclusion clause. It took the view that the correct approach is to interpret it in the narrowest way, if a linguistic, contextual and purposive analysis does not resolve the issue.
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Hashtag – registrable?

There is a growing trend for businesses to try and register their most popular hashtags as trade marks.
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Jurisdiction – drafting

A few reminders about jurisdiction issues:
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Disclosure – NDA

Some basic points on the content of a non-disclosure agreement:

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Ambiguity – look at deleted words?

 If there is ambiguity in a document, then it may be possible to look at earlier drafts to see which words have been deleted.

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Liability – cap

 It is common for a contract to contain a liability cap. The idea is to protect the seller or service provider from being sued for much more than the value of the contract.

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Contract – agreement to agree?

Suppose I agree to buy something but we do not agree the price, the specification or even the date for delivery. Is that a binding contract, or is it merely an unenforceable ‘agreement to agree’?

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Registered design – multiple applications

The Supreme Court’s decision in the Trunki case has been greeted with disappointment by many UK designers and innovators. The clear message that emerges, however, is that registering a design is still an important step to take but the utmost care should be taken when filing those registered designs. Too much detail can be counterproductive, since it may restrict the scope of protection. The best advice is to keep designs as simple as possible, and then make multiple applications to protect every variant and aspect.

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Winding up – capital or income?

Important changes in the taxation of capital received on a winding up come into effect on 6 April 2016. As a result, taxpayers may want to consider winding up or declaring substantial dividends before that date.

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