A negative attitude
Language: English Series: Building ; 272(8476) 20 April 2007, 61(1)Publication details: 2007Subject(s): Summary: Considers why courts are not keen on hearing claims that make a negative case, for example, claiming a contract is not a construction contract. Notes that in such situations, a party wanting to prove a negative can wait for its opponent to claim a positive, although this can mean a lengthy adjudication claim. Discusses a recent case heard in Birmingham's Mercantile Court regarding the theft of goods whilst in international transit between England and Germany. In this instance the court issued a negative declaration, and the reasoning behind this decision could support a similar decision in a construction case.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L137775 (Browse shelf(Opens below)) | 1 | Available | 137775-1001 |
Considers why courts are not keen on hearing claims that make a negative case, for example, claiming a contract is not a construction contract. Notes that in such situations, a party wanting to prove a negative can wait for its opponent to claim a positive, although this can mean a lengthy adjudication claim. Discusses a recent case heard in Birmingham's Mercantile Court regarding the theft of goods whilst in international transit between England and Germany. In this instance the court issued a negative declaration, and the reasoning behind this decision could support a similar decision in a construction case.