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Regulation of contractual relationships

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What implications does the EU’s proposed Digital Services Act have for the UK?

What implications does the EU’s proposed Digital Services Act have for the UK?

The following Commercial news provides comprehensive and up to date legal information on What implications does the EU’s proposed Digital Services Act have for the UK?

Identifying advertising in podcasts

Identifying advertising in podcasts

The following Commercial news provides comprehensive and up to date legal information on Identifying advertising in podcasts

Commercial weekly highlights—4 March 2021

Commercial weekly highlights—4 March 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—4 March 2021

‘Manifest error’ in expert determination clauses—a visibility test? (Flowgroup plc (in liquidation) v Co-Operative Energy Ltd)

‘Manifest error’ in expert determination clauses—a visibility test? (Flowgroup plc (in liquidation) v Co-Operative Energy Ltd)

The following Commercial news provides comprehensive and up to date legal information on ‘Manifest error’ in expert determination clauses—a visibility test? (Flowgroup plc (in liquidation) v Co-Operative Energy Ltd)

Featured Commercial content

Fiduciary Duties

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

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

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

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

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...
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9th Nov
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Practice notes

Nature and types of agency

BrexitAs of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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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...
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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...
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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...
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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...
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Produced in partnership with Tim Wright of Fladgate 12th Jan
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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...
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9th Nov
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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...
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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...
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9th Nov
Precedents

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...
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9th Nov
tag iconCOVID-19
Precedents

Deed of release and waiver

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...
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9th Nov
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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...
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9th Nov
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Practice notes

Agency and distribution compared

BrexitBrexit: 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,...
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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...
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9th Nov
Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...
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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...
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Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Regulation of contractual relationships content

Precedents

Mail order terms and conditions for the supply of goods—business-to-consumer

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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13th Dec
Precedents

Cancellation clauses and forms—business-to-consumer

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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13th Dec
Q&As

Are there any minimum limits for liability caps in business-to-consumer terms and conditions where the service being provided is provided free of charge?

In respect of business-to-consumer (B2C) contracts for the supply of services, section 57 of the Consumer Rights Act 2015 (CRA 2015) (contained in CRA...
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6th Dec
Q&As

When a consumer exercises the final right to reject under the Consumer Rights Act 2015, can a trader carry out the repairs to make the goods conform to the contract and insist on returning the goods to the consumer?

The Consumer Rights Act 2015 (CRA 2015) provides for tiered remedies, meaning that the ‘final right to reject’ is only available to the consumer in...
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6th Dec
Q&As

What rights and remedies are available to a consumer in respect a service provider’s failure to supply cancellation information?

We assume the contract in question is an off-premises business-to-consumer (B2C) contract for the supply of services, with both contracting parties...
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6th Dec
Q&As

What is the 'order with obligation to pay' button?

What are the obligations regarding this order button?The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI...
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6th Dec
Q&As

Is the provision of a timeshare, where a timeshare company makes available a specific property for occupation, a provision of a service for the purposes of the Consumer Rights Act 2015 (CRA 2015)? Does CRA 2015 define ‘goods’ and ‘services’?

ServicesThe Consumer Rights Act 2015 (CRA 2015) does not define ‘services’. In respect of services, CRA 2015, s 48 sets out which service contracts...
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6th Dec
Q&As

Is a supplier of services obliged to supply a copy of a contract to the customer on the day it has been signed (or at all)?

For the purposes of this Q&A we have assumed the contract is a standard business-to-consumer contract.The Consumer Contracts (Information,...
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6th Dec
Q&As

Do the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to sales of charity lottery tickets and to charity auctions?

In relation to charity lottery tickets, the relevant section of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations...
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6th Dec
Q&As

When a consumer exercises a final right to reject under the Consumer Rights Act 2015 and if the trader is making a deduction for use, how is that deduction calculated?

If goods are faulty, the Consumer Rights Act 2015 (CRA 2015) provides tiered remedies for a consumer. If a consumer asks for a repair or replacement...
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6th Dec
Q&As

What does ‘described’ mean in the Consumer Rights Act 2015, s 11 (ie goods to be as described)?

The Consumer Rights Act 2015 (CRA 2015), section 11(1) states:'11 Goods to be as described(1) Every contract to supply goods by description is to be...
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6th Dec
Q&As

What does Business Companion's 'Consumer Rights Act: Services Guidance for Business' say?

Consumer Rights Act 2015 (CRA 2015) received Royal Assent on 26 March 2015. It is due to come into force on 1 October 2015.The Consumer Rights Act:...
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6th Dec
Q&As

Are there any guidelines for the calculation of the deduction to take account of the use that the consumer has had of the rejected goods, as provided for under section 24(8) of Consumer Rights Act 2015?

LegislationThe Consumer Rights Act 2015 (CRA 2015) provides: 'If the consumer exercises the final right to reject, any refund to the consumer may be...
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6th Dec
Q&As

Can a service provider offset the cost of work performed prior to cancellation in any claim against it for the full amount of monies paid by a client?

We assume the contract in question is an off-premises business to consumer contract for the supply of services, with both contracting parties based in...
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6th Dec
Q&As

Where a contract is a mixed business and consumer contract does the Consumer Rights Act 2015 apply?

Case studyA enters into a contract with B for the repair of a roof of a building. A owns the building, and uses part of the building for business...
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6th Dec
Q&As

What distinguishes the rights of rejection under both the Consumer Rights Act and Sale of Goods Act?

Prior to the introduction of the Consumer Rights Act 2015 (CRA 2015), a consumer was entitled to reject faulty goods and claim a refund within a...
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6th Dec
Q&As

Is a trader obliged to inform consumers about any automatic renewal of a contract for a magazine subscription?

It will be necessary to consider the rules on unfair contract terms in relation to this point. Please see CMA 37 guidance at para 5.19.1 as above, and...
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6th Dec
Q&As

What does Business Companion's 'Consumer Rights Act: Goods Guidance for Business' say?

The Consumer Rights Act 2015 (CRA 2015) received Royal Assent on 26 March 2015. It is due to come into force on 1 October 2015.The Consumer Rights...
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6th Dec
Q&As

A consumer purchases a laptop from a retailer with a twelve-month manufacturer's warranty. When does a retailer have to offer a repair or replacement and must they do so even if the costs are prohibitive?

The rights under a manufacturer’s guarantee are separate to and in addition to the rights in the Consumer Rights Act 2015 (CRA 2015). A consumer does...
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6th Dec
Q&As

Does the Consumer Rights Act 2015 apply to contracts between two businesses where the services will ultimately be provided to a consumer?

For the purposes of our response we have assumed that the contract referred to was agreed after the Consumer Rights Act 2015 (CRA 2015) came into...
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6th Dec

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What is practical completion?

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What is an intangible fixed asset?

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Tort—the different types of tort

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Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure