INTRODUCTION The two biggest questions for which we, as defence lawyers, are engaged are: “what is the liability” and “what are the damages”. Every case management or litigation plan is structured around these two questions. There are strategic assessments of them, separate spreadsheets to assess their intertwining influence, and budgets to assess the costs of answering … Continued
ABSTRACT How should business interruption valuation clauses be interpreted when a catastrophic event has impacted the business’ surrounding economy? Should it be based on historical data only? Cases in the United States have applied the valuation clauses inconsistently, which causes uncertainty and ultimately is to the detriment of both the insurers and the policyholders. This … Continued
A Further Discussion of Hold Harmless Agreements and Indemnity Provisions BRIEF INTRODUCTION The second portion of this paper discusses a number of decisions interpreting contractual hold harmless and indemnity provisions. The cases below are motion and application decisions, which primarily arise out of disputes between defendant property owners/occupiers and maintenance contractors. The cases are … Continued
NO HARM, NO FOUL: DEVELOPMENTS IN RELIEF FROM FORFEITURE By Murray Stieber and Caroline Gronke OVERVIEW Relief from forfeiture refers to the power of the court to protect a person against the loss of an interest or a right because of a failure to perform a covenant or condition in an agreement or contract. While … Continued
