Formation and interpretation

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
The British Franchise Association (BFA)This Practice Note examines the role and remit of the British Franchise Association (the BFA) in the franchise...
Read More >
Produced in partnership with Tim Rickard of Fieldfisher and David Bond of Fieldfisher 19th May
Q&As
In a business-to-business contract where a contractual long-stop date has passed but the parties wish to continue with the contract, should they...
Read More >
19th May
Precedents
[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...
Read More >
19th May
Practice notes
Key differences in the law of contract between Scots and English lawScots contract law has in many ways become similar to its English counterpart...
Read More >
Produced in partnership with Morton Fraser 19th May
Practice notes
The EU Consumer Rights DirectiveThis Practice Note provides an overview of Directive 2011/83/EU (OJ L 304/64), the EU Consumer Rights Directive (EU...
Read More >
19th May
Practice notes
Incoterms® 2020 Rules—CPT Carriage paid toThis Practice Note comprises the guidance note to the CPT Carriage paid to Incoterm in the Incoterms® 2020...
Read More >
19th May
Practice notes
AffirmationAffirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:•a repudiatory breach of...
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
Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
Read More >
19th May
Practice notes
BailmentThis Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition...
Read More >
Produced in partnership with Quentin Tannock of 4 Pump Court 19th May
Precedents
Option 1—contract signed on behalf of a company, where the authorised signatory is an individual Signed by [insert name of...
Read More >
19th May
Practice notes
Requirements of the company sealThis Practice Note provides practical guidance regarding the requirements of the company seal. Where a company has a...
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
Incoterms® 2020 Rules—DPU Delivered at Place UnloadedThis Practice Note comprises the guidance note to the DPU Delivered at Place Unloaded Incoterm in...
Read More >
19th May
Practice notes
SubcontractingThis Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting...
Read More >
19th May

Most recent Formation and interpretation content

Practice notes
Contract disputes—key and illustrative decisionsNOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use...
Read More >
16th Sep
Practice notes
Contract interpretation—distinguishing between liquidated damages and penalty clausesLiquidated damages v penalties—when does the issue arise?Parties...
Read More >
16th Sep
Practice notes
Good faith in commercial agreementsThis Practice Note considers good faith in commercial agreements. It examines the concept of good faith and the...
Read More >
16th Sep
Practice notes
DeedsUnder English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...
Read More >
15th Sep
Practice notes
Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...
Read More >
15th Sep
Practice notes
Claims for rectificationThis Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a...
Read More >
15th Sep
Q&As
What is the status of a deposit paid under a contract upon termination for insolvency?This Q&A considers a scenario where:•there is a...
Read More >
Produced in partnership with XXIV Old Buildings 13th Sep
Q&As
Where a document forms a schedule to an agreement, if the document in the schedule is signed rather than being printed as a separate agreement and...
Read More >
13th Sep
Q&As
Can a deed by a company be executed in counterpart in order to comply with section 44 of the Companies Act 2006?Contracts and deedsThere are two types...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 13th Sep
Q&As
Are standard terms and conditions of contract effectively incorporated into a contract where they are available on a website and a contracting party...
Read More >
13th Sep
Q&As
Which entities are liable under a contract which has been entered into by one company on behalf of two other companies?In conducting our research we...
Read More >
13th Sep
Q&As
Is there a requirement for a contract governed by English law to be written in the English language? Where a contract is written in another language,...
Read More >
13th Sep
Q&As
Can a senior employee (for example a Practice Manager) bind a partnership by signing a supply contract? Could they (by implied authority/agency) bind...
Read More >
13th Sep
Q&As
What is the effect of the clause: ‘[a reference to a ‘party’ includes that party’s personal representatives, successors and permitted...
Read More >
13th Sep
Q&As
Can a third party rely on ostensible/apparent authority where they know the person signing a document is an employee of a company not a director and...
Read More >
13th Sep
Q&As
Is it sufficient from a contractual perspective to state that a copy of terms and conditions can be viewed elsewhere or are available on request?To...
Read More >
13th Sep
Q&As
Must a debt under a contract be ascertainable in order to be called a debt?In order to answer this question, it is essential to consider for what...
Read More >
13th Sep
Q&As
What are the requirements for incorporating the terms of an agreement which is being varied into a deed of variation?There are various methods by...
Read More >
13th Sep

Popular documents