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Feb 5, 2024 · Manifest error is a clause in contracts that makes a decision or determination final and binding, unless it is obviously wrong. Learn how the court interpreted manifest error in Amey Birmingham Highways v Birmingham City Council and what it means for contract parties.
Apr 1, 2021 · A manifest error is a blatant and obvious mistake that affects the outcome of an expert's decision. The threshold for challenging a manifest error is high and parties should be careful when including expert determination clauses in their contracts.
From a practical perspective, a 'manifest error' amendment might be relevant where parties discover that certain transaction mechanics may not reflect in practice what was understood to be the commercially agreed position, or where there might be internal inconsistencies in the transaction documents themselves.
Learn what conclusive evidence clauses are and how they work in contract law. Find out what manifest error means and how to challenge a conclusive determination of a debt.
May 11, 2018 · Learn how the Court of Appeal defined manifest error in a PFI contract and set aside four milestone certificates based on erroneous calculations. Find out the implications for businesses and the importance of clear and concise contractual drafting.
manifest error” test articulated above. The Court discussed a separate situation where the Expert has been engaged to make a decision in accordance with defined principles but has acted upon what, in the Court’s view,
Apr 9, 2021 · Manifest error is a term used in expert determination clauses to limit the scope of challenge to the expert's decision. The High Court in Flowgroup v Co-operative Energy clarified the meaning of manifest error and its application to contractual interpretation.
