Capped damages
Language: English Series: Contract Journal ; 19 October 2005, 54(1)Publication details: 2005Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L131683 (Browse shelf(Opens below)) | 1 | Available | 131683-1001 |
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.