Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Tuesday, 25 January 2011


Damages for breach of commercial contracts

Any well drawn contract should contemplate a breach by a party and attempt to quantify the loss that should follow. The difficulty is in making sure that the calculation of the loss amounts to a genuine pre-estimate (enforceable) rather than a penalty (unenforceable)

The particular facts will be all-important. However, the parties should put down in writing why they think the final figure/method of calculation is fairer than possible alternative figures calculated in other ways and make sure that the party in breach does not suffer more than agreed e.g. by providing that any monies paid in excess of the genuine pre-estimate refunded


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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).