Formation and interpretation

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Precedents
Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
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9th Nov
Precedents
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
Precedents
Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...
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9th Nov
Practice notes
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
DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...
Read More >
Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan
Practice notes
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
Practice notes
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
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
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...
Read More >
9th Nov
Practice notes
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
This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...
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9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
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
Practice notes
This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...
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9th Nov
Practice notes
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Formation and interpretation content

Practice notes
Forming enforceable contracts—certaintyThe terms of an agreement may be so vague or uncertain as to be meaningless and therefore unenforceable....
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15th May
Practice notes
Contract interpretation—admissibility of pre-contractual negotiations and statementsWhen advising on contractual construction you should consider:•the...
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15th May
Practice notes
Forming enforceable contracts—offerThis Practice Note considers the requirements for a legally binding offer. In so doing, it considers:•what we mean...
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15th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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15th May
Practice notes
Contract interpretation—when is a statement a representation or a contractual term?What are contractual terms?The terms of a contract define the...
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15th May
Practice notes
Contract interpretation—interpreting entire agreement clausesParties may often seek to specify that the entirety of their contractual relationship is...
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15th May
Practice notes
Forming enforceable contracts—agent's authority to contractTwo types of agent's authority to contract on behalf of its principalIn the context of...
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15th May
Practice notes
Contract interpretation—admissibility of surrounding documentsContract interpretation—starting point—the contract itselfUnless alleging mistake, fraud...
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15th May
Practice notes
Contract interpretation—terms implied by factExpress and implied contractual terms distinguishedContractual terms may be either express or...
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15th May
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...
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15th May
Practice notes
Forming enforceable contracts—capacityIn English law, there is a presumption that everyone has a capacity to contract. However, if you are a minor or...
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15th May
Practice notes
Contract interpretation—rules of contract interpretationThis Practice Note on rules on interpreting contracts (agreements) (also known as construing...
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15th May
Practice notes
Contract interpretation—distinguishing between liquidated damages and penalty clausesLiquidated damages v penalties—when does the issue arise?Parties...
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15th May
Practice notes
Contract interpretation—conditions, warranties and intermediate termsClaims for breach of contract often involve analysis of whether or not the term...
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15th May
Practice notes
Contract interpretation—terms implied by custom and usageExpress and implied contractual terms distinguishedContractual terms may be either express or...
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15th May
Practice notes
Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in...
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15th May
Practice notes
Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or...
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15th May
Practice notes
Forming enforceable contracts—intention to create legal relationsAn intention to create legal relations is requiredThere are various situations in...
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15th May
Practice notes
Forming enforceable contracts—acceptanceAn agreement on the terms of an offer will only become a binding contract capable of being enforced if that...
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15th May
Practice notes
Contract interpretation—battle of the forms—on whose terms have parties contracted?This Practice Note considers the court’s approach when there is...
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15th May

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