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Law related articles writen by lawyers
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Commercial Contracts and Changes in Circumstances in the Bahamas

A failure by a contractual party to anticipate a change in circumstances before entering into a contract, could adversely affect their...

Contracts: a Change in the Illegality Defence in the Bahamas

Illegality on the part of one contractual party may not prevent that party successfully asserting their legal rights against the other.

Unravelling Commercial Contracts on Misrepresentation in the Bahamas

A contract or settlement can be ‘unraveled’ if, in the circumstances, it was entered into following a fraudulent misrepresentation.

Commercial Contracts: Are Clear General Endeavours/Good Faith Conditions Required in the Bahamas?

Contractual terms in a commercial agreement must be as explicit as possible if the parties wish them to mean what they intend them to mean. A...

Company Insolvency: Wrongful Trading in the Bahamas

Company directors may not be able to defend a wrongful trading charge if they fail to treat creditors equally in the face of a potential...

Commercial Contracts: Are Oral Discussions Binding in the Bahamas?

The effect of a breach of contract can be such that the contract is automatically ended and the aggrieved party cannot insist on the contract...

Commercial Contracts: Are Oral Discussions Binding in The Bahamas?

Negotiations are a vital part of the process of agreeing the terms of a commercial contract, but when will such discussions have a binding...

Commercial Contracts: When A Clause Means What It Says

Limitation and exclusion clauses in commercial contracts regularly lead to disputes between the parties. Any guidance from the court on how...

Bribery: How the UK Bribery Act Affects Bahamas Businesses

How is bribery in the commercial context dealt with by the courts, and how is it relevant to businesses in The Bahamas? Prosecutors are taking a...

Termination of Contracts in the UK: Will Reasons Later Argued Suffice?

Commercial contracts can be broken by either party in certain circumstances, but when can a party justify termination by a new reason given...

Shipping: Insurers Avoid Claim Because of Failure to Disclose

How do the courts handle insurance claims where a vessel’s owner has failed to properly disclose the value of the vessel?

Shipping: Benefit from Sale Reducing Claim for Repudiation

How do benefits arising from actions to mitigate loss affect the calculation of damages for repudiation of a time charter? At top Bahamas law...

Commercial Contracts in the UK: Damages Where There are Concurrent Causes of Action

What is the correct approach to calculating damages where a breach of contract claim is accompanied by a claim for negligence?

Company Shares and Forgotten Agreements in the Bahamas

The sale of company shares where an agreement in relation to those shares had been forgotten, was found to be valid in an important ruling in...

UK Commercial Contracts: When Will Penalty Clauses Be Enforceable?

Businesses with commercial contracts imposing pre-determined financial or other penalties in the event of a breach may find they are...

Commercial Contracts: Interpreting Indemnity Clauses - Grand Bahama

Indemnity clauses are commonly incorporated in commercial contracts, and the courts’ approach in interpreting them provides useful clarity for...

Commercial Contracts in the Bahamas: The Relevance of the Parties’ Bargaining Power

Does an imbalance of bargaining power between two commercial parties effect the potential enforceability of the contract? Yes, the Court of...

Commercial Contracts: The Duty of Good Faith

The duty of good faith in commercial contracts is limited and must accord with business common sense, the courts have ruled.

Insurance Exclusions in The Bahamas

If you are involved in the shipping industry, you will be only too aware of how quickly challenging and difficult legal problems can arise at...

Arbitration Clauses: Do They Trump Other Requirements?

A recent ruling in the UK’s High Court highlights the importance of arbitration clauses and agreements in commercial disputes, and clarifies...

Commercial Contracts: Implied Terms

No term would be implied into a contract, requiring a bank to use reasonable care to obtain the best price it could when asserting its right of...

Accessory Liability and ‘Common Design’

A recent ruling in the UK Supreme Court has helped to shed light on the complex issue of accessory liability and the principle of ‘common...

Commercial Contracts: Breach of Warranty

Claims under a contractual warranty must fully comply with procedures set out in commercial contracts – including where a limitation period is...

Non-Payment of Hire

In the complex and fast-paced world of the maritime and shipping industry, serious issues can arise regarding the terms of a charter – including...

Shipping Contracts: Interpreting the Terms

The Supreme Court in the UK has recently considered a case which demonstrates the complexities that can arise from the interpretation of a...

Adjudication Agreements: When are they Legally Binding?

The UK courts have ruled in an important case involving adjudication agreements, affirming the commercial reality that clear drafting of...

Shipping Contracts: Affirming the Contract

A recent High Court judgment in the UK highlights the difficulties that can arise when unexpected problems strike. In the case of MSC...

Duty of Care: A Professional Consultant’s Duty to Warn

Parties to commercial contracts owe various contractual duties to each other according to the terms of the contract. But what is the duty of...

Compulsory Marine Liability Insurance

If you are involved in the maritime and shipping industry, you will be only too familiar with the wealth of legislation and regulation with...

Commercial Contracts: Duty of Good Faith

When will the parties to commercial contracts be legally required to act honestly and with integrity? A recent ruling of the UK’s High Court...

Commercial Contracts: Beware Signature Blocks

Correct execution of commercial contracts is an important step to ensure the terms of the contracts are legally binding on the parties. How will...

Fraudulent Misrepresentation: Be Truthful When Selling Property

A cautionary tale from the UK courts has emerged concerning fraudulent misrepresentations made to the purchasers during a property sale –...

Shipping Arbitration Agreements

Drawing up effective contracts is an essential part of carrying out a thriving and successful shipping business. But even with the best...

Copyright and Licensing: When is Copyright Infringement Not Infringement?

The High Court in the UK recently considered whether a company should pay damages for copyright infringement and/or breach of contract where...

Valuation: Duty of Care to Investors

What is the extent of a valuer’s duty of care to an investor? The UK courts have considered this issue, which is of particular importance to the...

Documents Mistakenly Disclosed: Litigation Privilege

When will the courts disallow the use of documents that have been fraudulently or mistakenly obtained? A recent case in the UK has given useful...

Shipping Contract Disputes

A recent contract dispute demonstrates the need to secure expert shipping law advice as soon as possible, particularly if the contract in...

When is a Company Director Not a Director? The Risks of Acting as a Director

Companies must take great care that senior company personnel avoid undertaking acts that mean they could be treated as directors for the...

Maritime and Shipping Disputes: Claiming Losses

If you are involved in the maritime and shipping industry, you will be only too aware of how swiftly you can sail into legal hot water.

Implied Contract Terms: Leases and Rent Refunds

Parties to commercial leases should appreciated and understand the extent of their rights and responsibilities to commercial landlords, to...

Commercial Disputes: When Discussions before Arbitration are Required

A salutary lesson has emerged from the English Commercial Court - that contractual parties involved in a dispute must discuss the issues before...

Subject to Contract? Emailed Negotiations

Businesses should be aware of the risks of informal communications such as emails and conversations whilst negotiating commercial agreements.

Shipping and Insurance: Honesty in Claims

Is it ever acceptable to be dishonest in the course of a shipping insurance claim?

The Cargo Transport Units Code of Practice – What Does it Mean for You?

A new Code of Practice aims to increase safety and security in the working environment in dock and on board ship – and helps shipping, cargo and...

Shipping and Maritime: Costs Following Hijacking of Vessels

A vessel was hijacked in the Gulf of Aden by Somali pirates. Unfortunately for cargo owners and insurers, the High Court in the UK has ruled...

Commercial Disputes: Challenging Expert Reports

In what circumstances can a party to a commercial contract challenge an expert’s report? The UK’s Court of Appeal has handed down an important...

Commercial Disputes: Specific Performance

If a party to a commercial contract is in breach of its obligations, the court may order specific performance – but not necessarily. In a recent...

Shipping Insurance and Reinsurance Clauses

How will the courts interpret shipping insurance clauses, particularly typhoon and storm warranties?

Passing Off: What’s in a Name?

Commercial disputes increasingly involve copyright and patent issues, reflecting the high value attached to the intellectual property of a...

Construction Contracts – Don’t Let Work Get Ahead

Construction cases often result in particularly valuable lessons for lawyers and commercial organisations alike who are involved in construction...



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