Capped damages
Brewer, Geoff
Capped damages - 2005 - Contract Journal 19 October 2005, 54(1) .
Decoma UK Ltd v Haden Drysys International Ltd.(2005 TCC. Considers whether a contractor can take advantage of its own breach of contract to rely upon Article 12 of the bespoke contract for the capping of damages. Judgement implies that a presumption that a party cannot take advantage of its own wrong is capable of being rebutted by the clear words of the contract. Claims were limited to liquidated damages and subject to the capped 5% of Article 12 in the contract.
Capped damages - 2005 - Contract Journal 19 October 2005, 54(1) .
Decoma UK Ltd v Haden Drysys International Ltd.(2005 TCC. Considers whether a contractor can take advantage of its own breach of contract to rely upon Article 12 of the bespoke contract for the capping of damages. Judgement implies that a presumption that a party cannot take advantage of its own wrong is capable of being rebutted by the clear words of the contract. Claims were limited to liquidated damages and subject to the capped 5% of Article 12 in the contract.