Formation and interpretation

Practice notes

Contract disputes—key and illustrative decisions

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...

16th Sep

COVID-19

Practice notes

Contract interpretation—distinguishing between liquidated damages and penalty clauses

Contract interpretation—distinguishing between liquidated damages and penalty clausesLiquidated damages v penalties—when does the issue arise?Parties...

16th Sep

In-house

Practice notes

Good faith in commercial agreements

Good faith in commercial agreementsThis Practice Note considers good faith in commercial agreements. It examines the concept of good faith and the...

16th Sep

In-house

Practice notes

Deeds

DeedsUnder English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...

15th Sep

In-house

Practice notes

Mistake in contract law

Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...

15th Sep

In-house

Practice notes

Claims for rectification

Claims for rectificationThis Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a...

15th Sep

Q&As

If, in a sale of goods transaction, A acts as agent for principal B (purchaser), but A expressly represents to third party seller (C) that the principal is someone other than B (because B does not, for whatever reason, want to be identified as the principal), can B sue C in relation to that transaction, despite A’s express representation to C that the principal was not B, but someone else(D)?

If, in a sale of goods transaction, A acts as agent for principal B (purchaser), but A expressly represents to third party seller (C) that the...

14th Sep

Q&As

What is the status of a deposit paid under a contract upon termination for insolvency?

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...

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 then signed, is it a valid execution of that document?

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...

13th Sep

COVID-19

Q&As

Can a deed by a company be executed in counterpart in order to comply with section 44 of the Companies Act 2006?

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...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 13th Sep

COVID-19

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 has been referred to them by the other but fails to read them?

Are standard terms and conditions of contract effectively incorporated into a contract where they are available on a website and a contracting party...

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?

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...

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, would any amendments made to the contract need to be in the same language?

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,...

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 each and every partner jointly and severally to the contract?

Can a senior employee (for example a Practice Manager) bind a partnership by signing a supply contract? Could they (by implied authority/agency) bind...

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 assigns;]’?

What is the effect of the clause: ‘[a reference to a ‘party’ includes that party’s personal representatives, successors and permitted...

13th Sep

Q&As

What is the effect of the clause, commonly seen in the interpretations section of a contract, which states that: ‘[[a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction;]’?

What is the effect of the clause, commonly seen in the interpretations section of a contract, which states that: ‘[[a reference to any English action,...

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 they sign as a director and in the name of that director?

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...

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?

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...

13th Sep

Q&As

Must a debt under a contract be ascertainable in order to be called a debt?

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...

13th Sep

Q&As

What are the requirements for incorporating the terms of an agreement which is being varied into a deed of variation?

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...

13th Sep

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