Casual Articles

Feeling Dreadful Because Of Your Debts-Debt Management
Does it seem beyond your imagination to settle up your long existing debts? Not to worry, this is not a rare situation, particularly in the existing scenario and you are not alone. In fact, debts can turn out to anyone; the cause for this is growing consumerism, which gave rise to abandoned spending. While applying for loan they pay a b

f against such findings. Comment : Parties should seek legal advice at the outset of negotiations. This could avoid excessive legal fees and save valuable time, in the event of a dispute.

If you require further information contact us at: enquiries@rtcoopers.com

© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice shoul

Make Your Business Training Program a Mighty River
"The mighty Amazon begins as a mere icy trickle from an Andes glacier.As the Amazon surges across the torrid wilderness, hundreds of tributaries pour their waters into it. Torrential rains swell the flood. Now, the Amazon is no longer a river; it is, instead, a moving inland sea that drains nearly half of South Americ

In Vogon International Limited v The Serious Fraud Office [2005], a dispute arose in relation to the interpretation of the payment terms in the contract between the parties.

The Serious Fraud Office (“SFO”) hired Vogan International Limited (“Vogon”) to retrieve email data from computerised tapes used during a criminal investigation. Prior to entering into the agreement, Vogon calculated its estimated fee based upon number of completed backups. When Vogon later submitted its quotation to the SFO, the costs were determined in relation to number of completed Microsoft Exchange databases.

Vogon processed 39 backups from the tapes provided by the SFO in relation to two Microsoft Exchange Databases. Vogon sent an invoice to the SFO for ?314,375 for the 10 days' work needed to process the 39 backups.

The SFO claimed that the sum due was based upon the number of completed Microsoft Exchange databases, so paid Vogon ?22,500.

The court ruled in the SFO's favour as follows:-

the word “database” had no single meaning and so it was necessary to consider the word in its contextual meaning;

the question was not what the word “database” was capable of meaning, but what it meant within the contract;

in the context of the quotation and the accompanying cover letter, all references to databases were references to a server;

furthermore, Vogon's construction of “database” was commercially unlikely, given the difference between the resulting charges;

Vogon could not claim a case of mistake or estoppel as this would be contrary to legal principle; and

Vogon should pay the SFO's costs as Vogon's invoice for such a large sum had been dishonest and opportunistic.

Vogon appealed this decision to the Court of Appeal (“CA”). The CA held that:-

the court was correct in its interpretation of the contract and awarding the SFO its costs;

however, court was wrong to make a finding against Vogon that it had been dishonest and opportunistic where dishonesty had not been argued by the SFO nor did Vogon have the opportunity to defend itself against such findings. Comment : Parties should seek legal advice at the outset of negotiations. This could avoid excessive legal fees and save valuable time, in the event of a dispute.

If you require further information contact us at: enquiries@rtcoopers.com

Small Business Marketing Strategy - Use Your Industry Trade Pubs
As the Chief Marketer for your small business you're acutely aware of the vital importance of word of mouth advertising in building your brand. You know how critical it is to incent your employees and your customers to become promoters for your company. About ? of what we write in our articles stresses this vital concept. This month ou

ined in relation to number of completed Microsoft Exchange databases.