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Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

The following Commercial news provides comprehensive and up to date legal information on Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

The following Commercial news provides comprehensive and up to date legal information on Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Featured Commercial content

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

Mistake in contract law

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

Practice notes

Repudiation

This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...

9th Nov

In-house

Practice notes

Agreements to agree

This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...

9th Nov

Practice notes

Bailment

This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...

Produced in partnership with Quentin Tannock of 4 Pump Court 12th Jan

Practice notes

Digital Content Directive—summary

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Carriage of goods by sea—charterparties

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Precedents

Consignment stock agreement—pro-supplier

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan

Practice notes

Agent and principal relationships with third parties

This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s...

9th Nov

Precedents

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...

9th Nov

COVID-19

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Precedents

Letter of variation

[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][[Insert address of Guarantor]][Insert date]Dear [name of Party B][ and [name of...

9th Nov

In-house

Precedents

Short form letter of assignment

[On headed notepaper of the assignor]To: [Insert name and address of Assignee][Insert date]Dear [insert name of Assignee]Assignment of contractWe...

9th Nov

Practice notes

Private right of redress for consumers

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Precedents

Intra-group services agreement

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Execution content

Q&As

Can a photo of a wet ink signature be used to create an original signed document?

Executing documents properly when one or more parties to a contract are not physically present is sometimes known as virtual signing or virtual...

9th Apr

Practice notes

Notaries and notarisation

NotariesA notary is a qualified lawyer whose primary concern is the authentication and certification of signatures and documents, either for use...

8th Apr

Practice notes

Execution formalities—private trusts

This Practice Note provides practical guidance on the proper execution of simple contracts and deeds for private trusts.Simple contractsSimple...

8th Apr

Practice notes

Execution formalities—partnerships

This Practice Note provides practical guidance on proper execution of simple contracts and deeds for partnerships.AuthorityA partner in a partnership...

8th Apr

Practice notes

Execution formalities—unincorporated charities

This Practice Note provides practical guidance on the execution of documents by unincorporated charities.In this Practice Note, it is assumed the...

8th Apr

Practice notes

Certified copy requirements in commercial transactions

This practice note examines what a certified copy is, when a certified copy is required, who can certify a document and what format the certification...

8th Apr

In-house

Practice notes

Execution formalities—overseas companies

This Practice Note provides practical guidance on the execution of documents by overseas companies, primarily when execution takes place after 1...

8th Apr

Practice notes

Execution formalities—other receivers

This Practice Note provides practical guidance on the proper execution of simple contracts and deeds for receivers other than administrative...

8th Apr

Practice notes

Execution formalities—unincorporated associations

This Practice Note provides practical guidance on proper execution of simple contracts and deeds for unincorporated associations.CapacityAn...

8th Apr

Practice notes

Execution formalities—limited partnerships

This Practice Note provides practical guidance on proper execution of simple contracts and deeds for limited partnerships formed under the Limited...

8th Apr

Practice notes

Execution formalities—overcoming impairments, disabilities and language barriers

This Practice Note provides practical guidance on how to arrange the execution of a document by an individual when that individual has an impairment...

8th Apr

Practice notes

Execution formalities—liquidators

This Practice Note provides practical guidance on proper execution of simple contracts and deeds for liquidators.CapacityA liquidator’s power is...

8th Apr

Practice notes

Execution formalities—witnesses

This Practice Note summarises the execution formalities for witnesses, in particular it considers who can act as a witness to the signature of another...

8th Apr

Practice notes

Execution formalities—administrative receivers

This Practice Note provides practical guidance on proper execution of simple contracts and deeds for administrative receivers.CapacityAn...

8th Apr

Practice notes

Execution formalities—incorporated charities

The aim of this Practice Note is to provide practical guidance on the execution of documents by incorporated charities. This Practice Note focuses on...

8th Apr

Practice notes

Powers of attorney in commercial transactions

Commercial lawyers will regularly come across situations where third parties are executing documents as an attorney on behalf of another person and...

8th Apr

COVID-19

In-house

Practice notes

Execution formalities—limited liability partnerships

This Practice Note provides practical guidance on proper execution of simple contracts and deeds for limited liability partnerships (LLPs).The...

8th Apr

Practice notes

Execution formalities—non-Companies Act companies

This Practice Note provides practical guidance on proper execution of documents by non-Companies Act companies. Non-Companies Act companies are...

8th Apr

Practice notes

Execution formalities—individuals

This Practice Note provides guidance on the proper execution of simple contracts and deeds for individuals. It covers issues of legal capacity, the...

8th Apr

Practice notes