Contracts—termination and contractual claims and remedies

View Banking & Finance by content type:

Latest Banking & Finance News

Featured Banking & Finance content

Practice notes
There are four main types of security available under English law: •mortgage•charge•pledge, and•lienThis Practice Note explains:•the nature of a...
Read More >
9th Nov
Practice notes
The vast majority of derivative transactions are documented by standard documentation developed and published by the International Swaps and...
Read More >
9th Nov
Practice notes
What is a direct agreement?Direct agreements are very common in project finance transactions. A direct agreement is an agreement which gives the...
Read More >
9th Nov
Practice notes
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be...
Read More >
9th Nov
Practice notes
Subordination is a way of changing the priority of claims against a debtor so that one creditor or group of creditors (the junior creditor(s)) agree...
Read More >
9th Nov
Practice notes
The key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the charged assets in the normal course of...
Read More >
9th Nov
Practice notes
This Practice Note lists hot topics (with links to the appropriate materials) that may be of interest to Banking & Finance lawyers. It is updated...
Read More >
9th Nov
Practice notes
Sub-participation is a means by which a lender can transfer its risk in a loan to another lender. For an overview of the reasons why a lender might...
Read More >
9th Nov
Practice notes
Assignment is a means by which a lender can transfer its interest in a loan to another lender.For an overview of the reasons why a lender might...
Read More >
9th Nov
Practice notes
Novation is a means by which a lender can transfer its interest in a loan to another lender.This Practice Note looks at what is meant by novation...
Read More >
9th Nov
Practice notes
There are times when a lender might want to get back some of the money it has lent to a borrower before the borrower is due to repay it.If the...
Read More >
9th Nov
Practice notes
Given the cross-border nature of many banking transactions, it is common for the principal legal advisors for lenders and borrowers to need to...
Read More >
9th Nov
Practice notes
Summary of advantages and disadvantages of the floating chargeThis Practice Note discusses the advantages and disadvantages of taking a floating as...
Read More >
9th Nov
Practice notes
The majority of secondary debt trades are conducted by telephone or by email. Following the trade call or email exchange, the parties will document...
Read More >
9th Nov
Precedents
[insert date]To:[insert full name and address of lender]Dear [insert full name of lender]I am a director of [insert full name of borrower] (the...
Read More >
9th Nov
Practice notes
Documents for a typical project finance transaction can be split into three broad categories:•finance documents—the finance documents govern the debt...
Read More >
9th Nov

Most recent Contracts—termination and contractual claims and remedies content

Practice notes
While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...
Read More >
Produced in partnership with Zainab Hodgson of CMS 15th Apr
Practice notes
Liquidated damages v penalties—when does the issue arise?Parties will sometimes seek to agree in their contract what sums should be payable upon...
Read More >
14th Apr
Practice notes
This Practice Note considers:•the purpose of events of default included in facility agreements•common events of default relating to borrowers and...
Read More >
14th Apr
Practice notes
In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for bringing a claim for breach of...
Read More >
12th Apr
Practice notes
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...
Read More >
8th Apr
Practice notes
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...
Read More >
8th Apr
Practice notes
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...
Read More >
8th Apr
Practice notes
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...
Read More >
8th Apr
Practice notes
A contract may be wholly discharged by agreement as follows:•where one party releases the other from its obligations by deed (release)•the parties...
Read More >
8th Apr
Practice notes
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...
Read More >
8th Apr
Practice notes
When is mitigation in contract claims relevant to consider?Even where causation and remoteness have been established (see Practice Note: Causation and...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 8th Apr
Practice notes
When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 8th Apr
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
Read More >
8th Apr
Practice notes
This Practice provides some practical illustrations of the operation of the Contracts (Rights of Third Parties) Acts 1999, considering group liability...
Read More >
8th Apr
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
Read More >
8th Apr
Q&As
This Q&A discusses the rights of a lender to set off a sum that the lender owes to a borrower (eg a credit balance on a deposit account) against an...
Read More >
Produced in partnership with Brian Cain 8th Apr
Q&As
There appears to be no reported case where, in this sort of scenario, the borrower has succeeded in suing the bank (for examples of failed attempts to...
Read More >
Produced in partnership with James Hall of Hardwicke Chambers 8th Apr
Q&As
What is the doctrine of frustration?If the contract does not include a force majeure clause or it does but the applicable force majeure event is not...
Read More >
8th Apr
Q&As
While a force majeure certificate from China could not bind the English courts in their determination of whether such an event had occurred for the...
Read More >
Produced in partnership with Richard Colbey of Lamb Chambers 8th Apr
Q&As
Is there a force majeure event?In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force...
Read More >
8th Apr

Popular documents