As usual, judges had to tussle with complex factual scenarios in 2019 and in the end had to come down one side or the other. “Hard cases make bad law” they say, and there were certainly some examples of this in 2019.
Looking at the judgments that appeared, what are the lessons we can learn - what do we need to take into account when drafting, marking up or negotiating a contract?
Contract or not?
I could fill a whole day just talking about the cases where the judges have to decide in any given year whether or not the parties had entered into a contract and, if so, what its terms were. It seems that we never learn the vital lessons.
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