This Practice Note sets out certain key cases and associated relevant content in relation to construction of finance documents. The cases are divided by topic area and...
When advising on contractual construction you should consider: • the guiding principles used by the court when interpreting the meaning of contracts, including the...
Contract interpretation—starting point—the contract itself Unless alleging mistake, fraud or misrepresentation, parties are bound by the documents which they sign,...
This Practice Note considers the court’s approach when there is dispute as to which party’s terms and conditions govern their contract in a ‘battle of the forms’ scenario...
Express and implied contractual terms distinguished Contractual terms may be either express or implied: • express terms—are terms which are actually recorded in a written...
Parties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is what is known as an...
This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms) considers key cases...
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...
In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the guiding principles),...
What are contractual terms? The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another. A contractual term is...
This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in commercial agreements....
There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern whether the variation was...