Thomas G. Heintzman, O.C., Q.C., FCIArb

Penalty Clauses: Seven Principles Stated By The U.K. Supreme Court

The recent judgment of the Supreme Court of the United Kingdom in Cavendish Square Holding BV v Talal El Makdessi is a must-read for anyone involved in contract law. In this decision of some 132 pages and 316 paragraphs, the U.K. Supreme Court provides an exhaustive analysis of the history and policy behind one of […]

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Ontario Court of Appeal Affirms Legal Principles For Agent’s Authority And Liquidated Damage

Two recurring issues in construction law are the authority of agents and liquidated damages. The agency issue is this:  if the principal is to be made liable on a contract made by the agent, must the principal, and not the agent, be the one that promotes the agent’s authority? The damage issue is this:  can […]

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