From The Jolly Contrarian
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| {{a|boilerplate|}}“[[manifest error]]” was in {{casenote|IIG Capital llc|Van der Merwe}}<ref>[2007] EWHC 435 para 52</ref> as one which is “obvious or easily demonstrable without extensive investigation” even if not readily apparent at the time that the certificate was provided. A rather practical judge — this is more than faint praise; not all judges are — observed in {{cite|Amey Birmingham Highways Ltd|Birmingham City Council|2018|EWCA(Civ)|264}} that a contract detailing an ongoing relationship lasting years — in this case a PFI contract, but we humbly submit, a [[master trading agreement]] is of this character as well — “is likely to be of massive length, containing many infelicities and oddities. Both parties should adopt a reasonable approach in accordance with what is obviously the long-term purpose of the contract. They should not be latching onto the infelicities and oddities, in order to disrupt the project and maximise their own gain.”
| | #redirect[[Conclusive evidence]] |
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| In {{casenote|North Shore Ventures Ltd|Anstead Holdings Inc}} the court said:
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| :“it is quite possible for one person to certify the existence of some fact at a particular moment in time which the other person, the recipient of the certificate, cannot verify [[save]] after the occurrence of a subsequent event”.
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| {{sa}}
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| *{{t|indemnity}}
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| *[[Conclusive evidence]]
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| {{ref}}
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Revision as of 09:02, 2 September 2024