Principle

CIVIL PROCEDURE – Award of Interest – Basis for Claim

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Interest is not automatically awarded—it must be claimed and justified. Interest as of right arises from: (1) Contractual agreement—express or implied contract terms providing for interest; (2) Mercantile custom—established commercial practices making interest payable; (3) Equitable principles—situations like breach of fiduciary duty where equity requires…

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