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- Clauses relating to ‘manifest error’1are often included in contracts where a decision, certificate, or determination is to be made unilaterally by one of the parties. These clauses aim to avoid negotiation or argument about that decision. A manifest error can occur when2:
- An obvious or easily demonstrable error exists without extensive investigation.
- Fraud has tainted the calculations or their background.
- There is a mistake on the face of the calculations.
Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.Clauses relating to ‘manifest error’ (sometimes called ‘conclusive evidence’ clauses) will often appear in contracts where a decision, certificate or determination (such as the amount of a debt owed) is to be made by one of the parties unilaterally and the parties wish to avoid any scope for negotiation or argument about that decision or determination.gateleyplc.com/insight/article/manifest-error-how-o…A manifest error will exist where: an error exists which " is obvious or easily demonstrable without extensive investigation" fraud (such as fraudulent misrepresentation) has tainted the calculations or the background to the calculations there is a mistake on the face of the calculations.hallellis.co.uk/conclusive-evidence-clause-manifes… "Howlers" and the Meaning of "Manifest Error" - K&L Gates
WEBApr 9, 2021 — In deciding Flowgroup’s challenge, the High Court was required to consider (1) what, in general terms, did the words “manifest error” mean and (2) how should the …
WEBFrom a practical perspective, a 'manifest error' amendment might be relevant where parties discover that certain transaction mechanics may not reflect in practice what was …
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WEBApr 1, 2021 — This decision provides some useful guidance as to what constitutes a ‘manifest error’ in the context of expert determination clauses. The threshold in this …
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WEBApr 9, 2021 — What Constitutes a “Manifest Error”? It was undisputed that a “manifest error” is one which must be “obvious or easily demonstrable without extensive investigation” …
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WEBApr 5, 2023 — Blacks Outdoor Retail Limited, the UK Supreme Court confirmed that the term “manifest error” should be construed narrowly. The case concerns a “conclusive …
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WEBSample 1. Manifest error, etc. The Notes, these Conditions and the provisions of the Agency Agreement may be amended by the Issuer without the consent of the …
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Expert determination of completion accounts and "manifest error"
WEBApr 6, 2021 — Manifest error. The Seller's position was that an error was "manifest" when it could be shown to be wrong when compared with the correct answer. The Buyer's …
WEBNov 10, 2023 — What Constitutes a “Manifest Error”? It was undisputed that a “manifest error” is one which must be “obvious or easily demonstrable without extensive …
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WEBA “Manifest Error” means a manifest or obvious misquote by us, or any market, exchange, price providing bank, information source, commentator or official on whom we …
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WEBApr 5, 2023 — MANIFEST ERROR. In reaching its conclusion, the Supreme Court considered that “the narrowness of the permitted defences” (i.e., manifest or …
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