Sentences with phrase «tested standard clause»

Far better, I think, to stick to a tested standard clause and add only those terms that are necessary to vary unwanted default rules or to reflect the specific intent of the parties.

Not exact matches

Following the Supreme Court's latest decision, the long - cited test of whether a liquidated damages clause is a genuine pre-estimate of loss designed to compensate the innocent party rather than deter the defaulting party from committing the breach (as established by early 20th century authority of Dunlop Tyre) is no longer conclusive although the Supreme Court accepted that it might still be of use in considering simple damages clauses in standard contracts.

I therefore need to test other examples of the product against the key clauses of the relevant product safety standards, and also establish whether the products were designed and tested against these standards in the first place — and that the appropriate certification and documentation for these tests exists.

Contract — Exclusion clause — Defendant contracting to overhaul engines of plaintiff's tugboat — Engine damaged after seizing up during testing — Whether defendant in breach of contract — Whether plaintiff's or defendant's standard terms applied — Whether defendant entitled to limit liability to price of quotation.