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30 Apr 2012  |  Viewed 366 times

Library Home > IACCM Conferences > 2012 EMEA Conference

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The Future Of Contracting: Coping With Complexity

Author: Tim Cummins, CEO, IACCM Peter Head, Executive Chairman, The Ecological Sequestration Trust, UK

Political, economic, social and technological conditions have transformed in recent years. Contracts and projects must adapt to address the challenges of a fast-changing environment.

  • Big issues facing sustainable business including financing and social expectations
  • Ensuring successful project outcomes: performance based contracts, need for fundamental change in procurement practices, measuring success
  • Understanding international markets and managing across diverse cultures

 
 

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No implied term unless all reasonable people agree - DEAR v JACKSON (CA)
Here the Court of Appeal overturned the High Court's decision again and looked at the different approaches that have previously been taken in relation to the test for implying terms into a contract. The Court of Appeal seemed to take a more re...
 
 Express obligation of 'good faith' - MID ESSEX HOSPITAL NHS TRUST v COMPASS GROUP (T/A MEDIREST) (CA)
This was another decision on good faith albeit one expressly set out in the written contract. The Court of Appeal overturned the High Court's earlier ruling by giving a much narrower interpretation to the words that the parties had signed up t...
 
 Is there an implied duty of 'good faith'? - YAM SENG v INTERNATIONAL TRADE CORPORATION
An overriding contractual duty of 'good faith' is a concept imposed by law in many continental European jurisdictions but not one which is generally implied under English law (at least not in those terms). In this decision the Court implie...
 

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