Contracts—termination and contractual claims and remedies

Contracts—termination and contractual claims and remedies guidance:

When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the principles of causation...

Practice Note

This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence may be admissible...

Practice Note

Liquidated damages v penalties—when does the issue arise? Parties will sometimes seek to agree in their contract what sums should be payable upon breach of a particular...

Practice Note

This Practice provides some practical illustrations of the operation of the Contracts (Rights of Third Parties) Acts 1999, considering group liability and defences under...

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

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also: • Coronavirus (COVID-19) toolkit—Contracts • Coronavirus (COVID-19) and...

Practice Note

A contract may be frustrated if an unforeseen event occurs after the contract is formed and: • as a result of that event: ◦ the contract becomes impossible to perform...

Practice Note

A contract may be wholly discharged by agreement as follows: • where one party releases the other from its obligations by deed (release) • the parties agree to compromise...

Practice Note

Damages may not always be an adequate remedy for breach of contract or, indeed, an appropriate one. This may be particularly so if the contract has not yet been breached...

Practice Note

This Practice Note considers: • the purpose of events of default included in facility agreements • common events of default relating to borrowers and guarantors •...

Practice Note

In this Practice Note, the Limitation Act 1980 is referred to as LA 1980. General Generally, the limitation period for bringing a claim for breach of contract is: • six...

Practice Note

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and...

Practice Note

When is mitigation in contract claims relevant to consider? Even where causation and remoteness have been established (see Practice Note: Causation and remoteness in...

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

1 Rights of third parties (third party rights excluded, save as specifically provided) 1.1 [Except as [provided in clause 1.3 OR provided in [insert clause numbers of the...

Precedents

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

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract...

Practice Note

This Practice Note considers third party rights in relation to contracts under the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), which provides a statutory...

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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