Breach and remedies

View Commercial by content type:

Latest Commercial News

Featured Commercial content

Practice notes
Incoterms® 2020 Rules—CIP Carriage and insurance paid toThis Practice Note comprises the guidance note to the CIP Carriage and insurance paid to...
Read More >
19th May
Practice notes
Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a...
Read More >
19th May
Practice notes
Carriage of goods by sea—the Hague-Visby RulesThis Practice Note explains the Hague-Visby Rules (the Rules) which are an international convention...
Read More >
Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 19th May
Practice notes
Heads of termsThis Practice Note considers heads of terms (also known as a memorandum of understanding (MoU), letter of intent (LOI), comfort letter,...
Read More >
19th May
Q&As
Can a contract that has expired be reactivated by the parties agreeing to extend it? What would be the formalities for extending an expired contract...
Read More >
Produced in partnership with Leigh Callaway of Fladgate 19th May
Precedents
...
Read More >
19th May
Practice notes
Relationship of principal and agentGeneralIn business matters, the rights and duties of principal and agent are normally set out in a written agency...
Read More >
19th May
Precedents
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also: • Coronavirus (COVID-19)...
Read More >
19th May
Practice notes
The UK and EU Platform-to-business (P2B) RegulationsRegulation (EU) 2019/1150 (OJ L 186/57) on promoting fairness and transparency for business users...
Read More >
19th May
Precedents
1 Counterparts—agreement 1.1 This agreement may be signed in any number of separate counterparts, each of which when...
Read More >
19th May
Practice notes
Private right of redress for consumersThis Practice Note summarises a consumer’s private right of redress for misleading and aggressive commercial...
Read More >
19th May
Practice notes
Carriage of goods by sea—charterpartiesThis Practice Note explains the law relating to charterparties in the context of an arrangement for the...
Read More >
Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 19th May
Precedents
Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
Read More >
19th May
Precedents
This Deed is made on [date]Parties1[insert name of Party A], a company incorporated in England and Wales with registered number [insert company...
Read More >
19th May
Precedents
This Agreement is made on [date]Parties1[insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered...
Read More >
19th May
Practice notes
Verification of documents and informationCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural...
Read More >
19th May

Most recent Breach and remedies content

Q&As
Can a customer claim, as damages for breach of contract, the additional expense of sourcing an item from an alternate supplier where its original...
Read More >
5th Jun
Q&As
Where a party (A) has sold equipment which was on hire to it through an auction, can the owner of the equipment (B) make a claim against the...
Read More >
Produced in partnership with Christopher Snell of New Square Chambers 5th Jun
Q&As
Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
Read More >
5th Jun
Q&As
In circumstances where a company has been selling product which is contaminated with Japanese knotweed, what potential liability could the company...
Read More >
5th Jun
Practice notes
Mediation DirectiveThis Practice Note is only relevant in cross-border mediations with a UK element if one of the criteria, set out Article 69(1)((b)...
Read More >
5th Jun
Practice notes
Quantum meruit (value of services) and quantum valebat (value of goods)When is quantum meruit and quantum valebat relevant?Claims in quantum meruit...
Read More >
5th Jun
Practice notes
Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for...
Read More >
Produced in partnership with 4 Pump Court 5th Jun
Practice notes
Drafting a dispute resolution clauseAs seen in Practice Note: Dispute resolution clauses—what and why, it is generally seen as being advantageous to...
Read More >
5th Jun
Practice notes
Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clausesMany contracts contain dispute resolution clauses....
Read More >
5th Jun
Practice notes
Mitigation in contractual breach claimsWhen is mitigation in contract claims relevant to consider?Even where causation and remoteness have been...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 5th Jun
Practice notes
Contractual damages—general principlesThis Practice Note considers the general principles of recovering damages for contractual breach, starting with...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 5th Jun
Practice notes
Limitation Act 1980—general applicationIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.The function of limitation...
Read More >
5th Jun
Practice notes
Model ADR clausesThis Practice Note considers model form alternative dispute resolution (ADR) clauses provided by a number of service providers,...
Read More >
5th Jun
Practice notes
Causation and remoteness in contractual breach claimsWhen considering a claim for damages (see Practice Note: Contractual damages—general principles...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 5th Jun
Practice notes
Early Neutral Evaluation (ENE)This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and...
Read More >
5th Jun
Practice notes
Negotiating damages for contractual breachThis Practice Note considers what ‘negotiating damages’ (previously sometimes known as Wrotham Park damages)...
Read More >
5th Jun
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
Read More >
5th Jun

Popular documents