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Damages/Property survey

By: Language: English Series: Architects` Journal ; 189(18) 3 May 1989, 69-70(2)Publication details: 1989Subject(s): Summary: Discussion of E Turner and Sons Ltd v Mathind Ltd (1986) (Unreported). Written terms incorporated into an oral contract do not give that contract the status of a written contract; a sum is not a penalty just because it is greater than the actual loss suffered; there is no reason why a single liquidated damages clause in a contract should be the limit of all losses in respect of late completion of phased handovers and if parties to a contract intended phased handovers to be contractual, they generally would be so and would give rise to damages .
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Journal article London Journal article ABS40734 (Browse shelf(Opens below)) 1 Available 25793-1001

Discussion of E Turner and Sons Ltd v Mathind Ltd (1986) (Unreported). Written terms incorporated into an oral contract do not give that contract the status of a written contract; a sum is not a penalty just because it is greater than the actual loss suffered; there is no reason why a single liquidated damages clause in a contract should be the limit of all losses in respect of late completion of phased handovers and if parties to a contract intended phased handovers to be contractual, they generally would be so and would give rise to damages .