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To Settle or Not to Settle – That’s No Longer The Question: SC Sets Aside Settlement Where Party Proves Suspected Fraud

Summary The Supreme Court (“SC”) has unanimously held that a party may be entitled to set aside a settlement agreement (“SA”) due to fraudulent misrepresentation even where that party did not fully believe the representations at the time of entering into the SA. Facts Following an accident at work in 1998, the Claimant (“C”) brought...

Game of Unknowns: CA Interprets ambiguity in Exclusion Clause

Summary The Court of Appeal (‘CA’) dismissed a claim concerning the interpretation of an exclusion clause in a share purchase agreement (‘SPA’). The CA held that any ambiguity in a contractual provision should be resolved by adopting the narrowest interpretation available. Similarly, the contra proferentem rule applies even where both parties are subject to similar...

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