Formation and interpretation

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Formation and interpretation guidance:

This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held to be...

Practice Note

[As a header insert company name, company number and date of meeting] [Insert name of company] Limited Minutes of a meeting of the Board of Directors (the Meeting) of...

Precedents

This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence may be admissible...

Practice Note

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

Precedents

Produced in partnership with Gateley Plc DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this...

Precedents

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

Precedents

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

Precedents

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

Precedents

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

Precedents

This guide sets out the requirements for the formation of contracts in various international jurisdictions. The table provides a quick-reference summary of the...

Practice Note

When advising on contractual construction you should consider: • the guiding principles used by the court when interpreting the meaning of contracts, including the...

Practice Note

Contract interpretation—starting point—the contract itself Unless alleging mistake, fraud or misrepresentation, parties are bound by the documents which they sign,...

Practice Note

This Practice Note considers the court’s approach when there is dispute as to which party’s terms and conditions govern their contract in a ‘battle of the forms’ scenario...

Practice Note

Claims for breach of contract often involve analysis of whether or not the term alleged to have been breached is one which allows the innocent party to: • terminate the...

Practice Note

Liquidated damages v penalties—when does the issue arise? Parties will sometimes seek to agree in their contract what sums should be payable upon breach of a particular...

Practice Note

Express and implied contractual terms distinguished Contractual terms may be either express or implied: • express terms—are terms which are actually recorded in a written...

Practice Note

Parties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is what is known as an...

Practice Note

This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms) considers key cases...

Practice Note

Express and implied contractual terms distinguished Contractual terms may be either express or implied: • express terms—are terms which are actually recorded in a written...

Practice Note

Express and implied contractual terms distinguished Contractual terms may be either express or implied: • express terms—are terms which are actually recorded in a written...

Practice Note

Express and implied contractual terms distinguished Contractual terms may be either express or implied: • express terms—are terms which are actually recorded in a written...

Practice Note

Key questions for any litigator when reviewing a contract will be: • what does the contract mean? • what are the parties’ respective rights and obligations under the...

Practice Note

In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the guiding principles),...

Practice Note

What are contractual terms? The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another. A contractual term is...

Practice Note

When a written contract is beneficial or a necessity Contracts can be formed in one of three ways: • orally • ‘under hand’ (in writing), or • by deed Oral and written...

Practice Note

This Practice Note considers the specific situations where a contract is required by law to be in writing: assignments, contracts for the sale of land, equitable...

Practice Note

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

Practice Note

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

Precedents

This practice note summarises the legal and commercial impacts of seeking exclusivity during contract negotiations. It examines exclusivity and lock-out agreements,...

Practice Note

An agreement on the terms of an offer will only become a binding contract capable of being enforced if that offer has been accepted. This Practice Note considers what may...

Practice Note
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