The same principles apply to the rescission and modification of contracts for works of construction as apply to other contracts1. An agreement to rescind a contract or to modify its terms will normally be of no effect in the absence of fresh consideration2. If one party simply undertakes not to dishonour one of its existing contractual obligations that in itself will not be enforceable without good consideration, but a practical benefit to the other party flowing from that affirmation of existing obligations will be good consideration for these purposes3. In a contract for work and materials where the employer
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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 mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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