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- Title
Contractual terms limiting or excluding recoverable damages do not preclude applicants for interim injunctive relief from arguing that damages are not an adequate remedy.
- Authors
Sachdeva, Akash; Hughes-Jones, Ellen
- Abstract
The article discusses England Court of Appeal case of AB and CD on limiting or excluding of recoverable damages through contractual terms. Topics discussed include obtaining injunctive relief restraining a potential breach of contract where the contract excluded or limited the amount of recoverable damages, granting of application for relief through American Cyanamid principles, and highlighting how judges overriding the concept of substantial justice.
- Subjects
UNITED Kingdom; ENGLAND. Court of Appeals; IMPLIED terms (Contracts); DAMAGES (Law); BREACH of contract; CONTRACT lawsuits
- Publication
Construction Law International, 2014, Vol 9, Issue 2, p7
- ISSN
1819-1371
- Publication type
Article