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    <title>1997 (11) TMI 515 - ROYAL COURTS OF JUSTICE</title>
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    <description>The court held that the defendant (BSFIC) was entitled to call for the full amount of the performance bond even if the plaintiff&#039;s breach caused no loss. However, BSFIC was only entitled to retain an amount equal to the actual loss suffered. The court clarified that the terms &quot;forfeit&quot; and &quot;forfeited&quot; in the contract did not mean the bond monies were irrevocably lost to BSFIC. The judge awarded costs, with BSFIC ordered to pay three-quarters of the plaintiff&#039;s costs for the preliminary issues. The appeal was dismissed, and the decision was upheld, with BSFIC being granted leave to appeal.</description>
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    <pubDate>Wed, 19 Nov 1997 00:00:00 +0530</pubDate>
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      <title>1997 (11) TMI 515 - ROYAL COURTS OF JUSTICE</title>
      <link>https://www.taxtmi.com/caselaws?id=168583</link>
      <description>The court held that the defendant (BSFIC) was entitled to call for the full amount of the performance bond even if the plaintiff&#039;s breach caused no loss. However, BSFIC was only entitled to retain an amount equal to the actual loss suffered. The court clarified that the terms &quot;forfeit&quot; and &quot;forfeited&quot; in the contract did not mean the bond monies were irrevocably lost to BSFIC. The judge awarded costs, with BSFIC ordered to pay three-quarters of the plaintiff&#039;s costs for the preliminary issues. The appeal was dismissed, and the decision was upheld, with BSFIC being granted leave to appeal.</description>
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      <pubDate>Wed, 19 Nov 1997 00:00:00 +0530</pubDate>
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