Res inter alios acta Definition

GLOSSARY

What does Res inter alios acta mean?

'A thing done between others'

If a treaty has not been incorporated into English law by legislation, no one living in England would be subject to obligation, derive any benefit nor suffer any detriment by the treaty because they would be not be a party, 'res inter alios acta'. This common law doctrine, as applied to contracts, means that the rights of a person who is not a party to the contract cannot be adversely affected. In evidence, res inter alios acta prohibits facts from strangers to the litigation as being admissible.

View the related practice notes about Res inter alios acta

Mitigation in contractual breach claims

Mitigation in contractual breach claims When is mitigation in contract claims relevant to consider? Even where causation and remoteness have been established (see Practice Note: Causation and remoteness in contractual breach claims) in relation to loss, any recoverable damages can be affected if the claimant has failed to mitigate their loss. That is, the innocent party cannot recover damages for any loss which they could have avoided but failed to avoid through unreasonable action or inaction. Central to the issue of mitigation is the question of what steps were reasonable or unreasonable for the claimant to take? What is the rule on mitigation? The rule on mitigation comprises three distinct components: • the innocent party must take all reasonable steps to mitigate their loss. The innocent party cannot recover damages for any loss, which they could have avoided but failed to avoid through unreasonable action or inaction; • where the innocent party takes reasonable steps to mitigate their loss, they can recover any losses incurred in taking...

Resolving structured products and securitisations disputes—key cases

Resolving structured products and securitisations disputes—key cases This Practice Note sets out certain key cases and associated analysis relevant to structured products and securitisation practitioners. The cases are divided by topic area and include: • Insolvency and restructuring • Bondholders binding and being bound by other stakeholders • Interpretation of clauses • Flip clauses • Duty of care misrepresentation • Notice of default • Valuations, and • Disclosure to investors Insolvency and restructuring Names of parties Judgment date Case summary Analysis Re ARM Asset Backed Securities SA [2014] 2 BCLC 364, [2014] EWHC 1097 (Ch) 28 March 2014 The Luxembourg Commission de Surveillance du Secteur Financier (the CSSF) requested the commencement of liquidation proceedings under article 39 of the Luxembourg Law on Securitisation against a company incorporated in Luxembourg. However, on the application of the directors an order was made in the High Court appointing provisional liquidators of the company, on the grounds that it was insolvent and its centre of main interests was in England. ...

Discover our 10 Practice Notes on Res inter alios acta

Commercial weekly highlights—7 November 2024

This week's edition of Commercial weekly highlights includes: news of the publication of the Court of Appeal’s decision in Topalsson GMBH v Rolls-Royce Motor Cars Ltd which considers whether a limitation cap applied before set-off was applied, commentary on the decision in URE Energy Ltd v Notting Hill Genesis which considers whether a contractual right to terminate was effectively waived, and news that the Home Office has published guidance on the corporate 'failure to prevent fraud' criminal offence included in the Economic Crime and Corporate Transparency Act 2023.

Dispute Resolution weekly highlights—24 March 2022

This week’s edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions, including that of the Court of Appeal in Allianz Global Investors GmbH v Barclays Bank Plc (mitigation); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

Read the latest 16 News articles on Res inter alios acta

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Case studies

"We couldn't do as good a job as we do without it. ��˾��ҹ�� gives us the security and confidence that we are best serving our clients because the information we are working on is the most accurate we can get"

Avensure

Access all documents on Res inter alios acta

GET ACCESS NOW