Varying a contract

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Bungalow Brouhaha—an object lesson in residential construction disputes (Kang v Pattar)

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Commercial weekly highlights—13 May 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—13 May 2021

Public interest justifies cost-capping in a procurement case (Good Law Project v Minister for the Cabinet Office (Hanbury Strategy & Communications Ltd as interested party))

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Intra-group services agreement

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

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

Private right of redress for consumers

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Agency and distribution compared

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Practice notes

Carriage of goods by air

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Precedents

Deed of release and waiver

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

9th Nov

In-house

Precedents

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...

9th Nov

COVID-19

Precedents

Consignment stock agreement—pro-supplier

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

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

Practice notes

Information society services and e-commerce

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...

9th Nov

Practice notes

Carriage of goods by sea—charterparties

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...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Practice notes

Digital Content Directive—summary

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Practice notes

Bailment

This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...

Produced in partnership with Quentin Tannock of 4 Pump Court 12th Jan

Practice notes

Contract variation

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...

9th Nov

In-house

Practice notes

Repudiation

This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...

9th Nov

In-house

Practice notes

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

9th Nov

In-house

Practice notes

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

9th Nov

In-house

Practice notes

Joint, several, and joint and several liability

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...

9th Nov

In-house

Most recent Varying a contract content

Practice notes

Guarantees—varying the underlying transaction: practical considerations

Guarantees—varying the underlying transaction: practical considerationsIt is common for the parties to a facility agreement to want to amend its...

15th May

Practice notes

Contract variation

Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a...

15th May

In-house

Q&As

Where services are provided under a commercial contract that has been drafted but not executed, how should you approach variations or termination?

This Q&A can be broken down into three questions:•does a contract exist at all between the parties?•if so, what are the terms of the contract?,...

10th May

Precedents

Deed of release and waiver

This Deed is made on [date]Parties1[insert name of Party A], a company incorporated in England and Wales with registered number [insert company...

19th Mar

In-house

Precedents

Price variation clauses

1Price variation (events prior to delivery of goods or products)Confirmed Price Date•means [insert number] days before [delivery of the [Products OR...

8th Mar

Precedents

Letter of extension

[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][Insert date]Dear [name of Party B],Contract extension1We refer to the agreement dated...

22nd Feb

In-house

Precedents

Variation agreement

This Agreement is made on [date]Parties1[insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered...

22nd Feb

In-house

Precedents

Deed of variation

This Deed is made on [date]Parties1[insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number]...

22nd Feb

In-house

Precedents

Letter of variation

[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...

22nd Feb

In-house

Q&As

How may a witnessed deed be altered or amended after execution but before delivery?

Deeds must be delivered in order to take effect. Under common law, a deed is delivered when a party makes his intention to be bound clear. See...

15th Feb

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 which a document such as an agreement which is being varied may be incorporated into or annexed to a deed of variation....

15th Feb

Q&As

Where a B2B agreement for the provision of services has been signed as a deed but the commencement date has not yet arrived, can the parties delay the commencement date to a later date if both parties agree? Is a deed of variation sufficient to capture the agreed delay to the commencement date?

It is assumed that no services have been performed under the terms of the agreement.Contract variation is a subsequent change to an original contract....

15th Feb

Q&As

If an option is granted to extend a contract and no period is stated for the extension, is the option enforceable, and if so, how would the duration of the extension be determined?

In answering this Q&A we have limited our research to cover a business contract between two commercial entities.Is the letter agreement an option?It...

15th Feb

Q&As

What is the best approach for updating an existing B2B contract?

If two business to business (B2B) contracting parties wish to replace an existing contractual relationship with a new one, there are two options open...

15th Feb

Q&As

Which way should consideration flow in a variation agreement where one party is exiting the agreement?

Contract variationA contract variation is a subsequent change to an original contract. Not all changes to a contractual relationship amount to an...

15th Feb

Q&As

Can a contract variation be used to rectify a mistake in a contract and does this have to be done by deed?

We refer you to Practice Note: Contract variation.A contract variation is a subsequent change to an original contract. Variations to contracts may...

15th Feb

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 document their intention to continue or enter into a new contract?

Long-stop dateAs stated in the Drafting Notes to clause: Long-stop date definition, the term long-stop date is commonly included in an agreement that...

15th Feb

Q&As

What is the process for varying the terms of an agreement?

In answering this Q&A, we have referred to a business-to-business contract.Contracts can be varied in a number of ways:•in writing•orally•by...

15th Feb

Q&As

Can part of an original agreement (eg a schedule to the original agreement) be novated to the incoming party so that the outgoing party is released and discharged from all liabilities related to that schedule of the original agreement?

This Q&A addresses a scenario where only the schedule is novated and the rest of the original agreement is not novated (and remains an agreement...

Produced in partnership with XXIV Old Buildings 15th Feb

Q&As

Where an agreement has been executed as a simple contract and the contract is subsequently varied by a variation executed as a deed, will the 12-year limitation period (applicable to deeds) apply to the variation or will the variation have the same limitation period as the original contract (ie six years)? Does the same apply vice versa?

Variation of contractsVariation of a contract occurs when the parties agree to change certain terms from those originally agreed, while the remaining...

15th Feb

Varying a contract

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Latest Commercial News

Bungalow Brouhaha—an object lesson in residential construction disputes (Kang v Pattar)

Commercial weekly highlights—13 May 2021

Public interest justifies cost-capping in a procurement case (Good Law Project v Minister for the Cabinet Office (Hanbury Strategy & Communications Ltd as interested party))

Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

Featured Commercial content

Intra-group services agreement

Month definition

Private right of redress for consumers

Agency and distribution compared

Most recent Varying a contract content

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