Settlement agreements (Record no. 117480)

MARC details
000 -LEADER
fixed length control field 01909cam a2200229 4500
001 - CONTROL NUMBER
control field X126420
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040604n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u126420
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Brewer, G.
245 ## - TITLE STATEMENT
Title Settlement agreements
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Contract Journal
Volume/sequential designation 423(6473) 28 April 2004, 22(1)
520 ## - SUMMARY, ETC.
Summary, etc. Discusses "Hurst Stores and Interiors Ltd v M L Europe Property Ltd" ([2004] EWCA Civ 490, [2004] CILL 2109 which concerned whether a purported settlement agreement was binding on the parties. H was a contractor on a project to develop a new headquarters for ML. H submitted a final account document for works which were extensively altered and delayed, which Mace (M), ML's construction manager, rejected. During the course of the works M had submitted over 500 Interim Statements of Account (ISAs) to H, which their project manager had routinely signed. Six months before completion M submitted a differently worded ISA, which substituted final for interim and inserted a page which said the calculated amount payable was to be accepted by H in full and final settlement. Again H's project manager signed, believing it to be similar to previous ones. H lost in adjudication and argued the project manager had no jurisdiction to enter into these agreements and had made a mistake in signing the controversial one. The case was dismissed on appeal. Points out that settlement agreements are important documents which generally depart from contract mechanisms. The clear authority of the signing parties must be obtained and the purpose of the document must be clear and unambiguous at the time of signing.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HURST STORES AND INTERIORS LTD V M L EUROPE PROPERTY LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ADJUDICATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element INTERIM STATEMENTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SETTLEMENT AGREEMENTS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element DISPUTE RESOLUTION
9 (RLIN) 6236
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 04/06/2004   X126420 126420-1001 06/08/2019 1 06/08/2019 Journal article