The red hand, or onerous clause, doctrine – which says that an onerous term will not be given effect unless the other party’s attention has been specifically drawn to it – is not lightly to be invoked, according to the Court of Appeal. In a 1950s case about barrels of orange juice (Spurling) – subsequently developed in a 1970s case about car parks (Thornton) – Lord Justice Denning (famously) said … (more)
[A&O Shearman, 16 December 2025]
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