[Damages — Liquidated damages or penalty
]
[Contract — Contractual terms — Implied term]
[Contract — Contractual terms — Interpretation]
[Contract — Contractual terms — Admissibility of Evidence]
[Contract — Contractual terms — Unfair Contract Terms Act]
[Contract — Contractual terms — Incorporation by reference]
[Tort — Misrepresentation — Fraud and deceit]
[Contract — Illegality and public policy — Whether contract was sham or fraudulent]
[Banking — Branch bank — Whether representative office was branch bank — Whether plaintiff had standing to sue]
[Contract — Formation — Whether beneficiary presenting documents to confirming bank enters into contract with issuing bank or confirming bank]
[Contract — Remedies — Mitigation of damage — Whether failure to sue third party in addition to defendant for the same loss constitutes failure to mitigate]
[Restitution — Enrichment — At the expense of — Requirement of direct enrichment — Exception for coordinated transactions — Whether it would be unrealistic to consider the transactions separately]
[Tort — Negligence — Duty of care — Misrepresentation — Whether issuing bank having cause of action in negligent misrepresentation against beneficiary for misrepresentation made in document presented to issuing bank]
[Contract — Contractual terms — Rules of construction — Representations and warranties — Whether representation and warranty construed literally or purposively — Whether representation and warranty contain “element of futurity”]
[Bills of Exchange and Other Negotiable Instruments — Letter of credit transaction — Whether issuing bank having cause of action in negligent misrepresentation against beneficiary for misrepresentation made in document presented to issuing bank]
[Bills of Exchange and Other Negotiable Instruments — Letter of credit transaction — Whether fraud exception established — Whether representation made in document presented to confirming bank was false — Whether beneficiary made representation without belief in its truth]
[Credit and Security — Guarantees and indemnities — Contracts of indemnity — Letter of indemnity presented by beneficiary for payment under letter of credit — Beneficiary representing and warranting under letter of indemnity the “existence, authenticity and validity” of signed bills of lading “issued or endorsed to the order of” issuing bank — Whether representation and warranty construed literally or purposively — Whether representation and warranty contains “element of futurity”]
[Insolvency Law — Winding up — Interpretation of settlement agreement]
[Insolvency Law — Winding up — Proof of debt — Hindsight principle
]
[Insolvency Law — Winding up — Proof of debt — Whether liquidators rejected proof of debt without good reason]
[Insolvency Law — Winding up — Proof of debt — Valuation of contingent claim or contingent debt — Genuine and fair assessment of chances of liability occurring]