Buy custom The relationship between the Dutch Haviltex case and the English HSBC Bank plc v. Liberty Mutual Insurance Company (UK) Ltd case
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Rix LJ reasoned that the parties' opinions differed due to their different commercial interests.
Please refer to paragraph 54. See also paragraph 56, in which Rix LJ stated that the reasonable man does not expect "fundamental principles of law, equity and justice, such as rights of set-off or subrogation to be excluded, unless the contract clearly says so"...
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However, according to more recent case law, the court will be reluctant to assume that "parties intended to surrender rights or claims", in case parties did not clearly state so.
Fairfield 274-278 Clarendon Trust v. Robert M. Dwek, 970 F.2d 990, 23 Fed.R.Serv.3d 740, 36 Fed. R. Evid. Serv. 183 (C.A...
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