Claims in contract and tort in English law

Claims in contract and tort in English law guidance:

This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms) considers key cases...

Practice Note

Key questions for any litigator when reviewing a contract will be: • what does the contract mean? • what are the parties’ respective rights and obligations under the...

Practice Note

This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages and the different...

Practice Note

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims. For general guidance on damages, see Practice Note:...

Practice Note

Defending a tort claim—general considerations In reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was...

Practice Note

This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA 1967). For...

Practice Note

This Practice Note describes what an actionable misrepresentation is, the essential elements of the Misrepresentation Act 1967 (MA 1967) and provides a comparison with...

Practice Note

This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant. It considers issues of pleading...

Practice Note

What is rescission of a contract? The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way: • the...

Practice Note

The termination of a contract by reason of one party’s breach of contract arises as follows: • one party to the contract is in breach of contract • the relevant breach is...

Practice Note

What are damages? The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage as a result of a...

Practice Note

When is a contract a void contract? A void contract is one that is wholly lacking in legal effect. A contract will be void where: • the parties contract on the basis of a...

Practice Note
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