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Latest Commercial News

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

The following Commercial news provides comprehensive and up to date legal information on Bungalow Brouhaha—an object lesson in residential construction disputes (Kang v Pattar)

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))

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

The following Commercial news provides comprehensive and up to date legal information on Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

Featured Commercial content

Month definition

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

Private right of redress for consumers

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...

Agency and distribution compared

BrexitBrexit: 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,...

Short form letter of assignment

[On headed notepaper of the assignor]To: [Insert name and address of Assignee][Insert date]Dear [insert name of Assignee]Assignment of contractWe...

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

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...

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

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

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

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

Nature and types of agency

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...

9th Nov

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

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

Practice notes

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

9th Nov

Most recent Q&As content

Q&As

How may a local authority execute simple contracts and deeds remotely?

How may a local authority execute simple contracts and deeds remotely?Many documents entered into by local authorities will need to be executed as a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th May

Q&As

Why is a power of attorney for the transfer of IP sometimes included in a consultancy agreement?

Why is a power of attorney for the transfer of IP sometimes included in a consultancy agreement?We refer you to Practice Note: Powers of attorney in...

14th May

Q&As

What are the implications of company A entering into a document consultancy agreement on behalf of company B (not a group company) and specifically the liability of each company in terms of payments to be made to the third party under the consultancy agreement. If an authorisation is required between the companies, how is this given?

What are the implications of company A entering into a document consultancy agreement on behalf of company B (not a group company) and specifically...

14th May

Q&As

What if a seller has purchased CRC allowances that haven't been surrendered?

What if a seller has purchased CRC allowances that haven't been surrendered?What if a seller has purchased CRC allowances that haven't been...

Produced in partnership with Noy Trounson of DLA Piper 13th May

Q&As

Can a supplier rely on a clause in its standard business-to-business terms permitting an increase in prices to reflect any increase in costs due to any factor beyond its reasonable control?

Can a supplier rely on a clause in its standard business-to-business terms permitting an increase in prices to reflect any increase in costs due to...

12th May

Q&As

What is the impact of Brexit on international transfers of personal data?

What is the impact of Brexit on international transfers of personal data?This Q&A looks at the impact of Brexit on cross-border transfers of personal...

12th May

Brexit

Q&As

In contract law, is there case law or an equitable principle that takes into account unforeseen circumstances in exercising a right to terminate? For example, where an individual suffers an illness and is unable to cancel within 30 days but later cancels once they have recovered.

This Q&A assumes that the contract to be terminated is between businesses (B2B).For guidance on considerations on the termination of B2C contracts,...

11th May

Q&As

How long does a party remain liable under a contractual indemnity when there is no time limit specified?

Generally, the limitation period for bringing a claim for breach of contract is six years from the date of breach of a ‘simple contract’ (section 5 of...

10th May

Q&As

What laws will determine whether a supplier is likely to be paid if it supplies services without a written contract, whether because the contract has expired and a new one has not been signed, or because services are already being provided before agreeing a contract?

If services are provided in the absence of a written contract, the court will seek to determine whether a contract exists for the performance of which...

Produced in partnership with Orlando Wells, lecturer 10th May

Q&As

Is it the company behind the trading name or the trading name which is the contracting party to the contract? Does a trading name have legal capacity to enter into a contract?

Identifying the parties to a contractIn a situation where a company operates under one or more trading names, then it is the company (a legal entity)...

10th May

Q&As

How can a contract be terminated in the absence of express termination provisions? Can an invitation to tender which includes information about the contract term form part of the contract for the purposes of determining its duration?

Termination of a contract in the absence of an express termWe have a range of documents on the subject of terminating contracts:•Terminating...

10th May

Q&As

If a guarantee agreement attached to an assured shorthold tenancy states 'should the guarantor die during the currency of this agreement the guarantor's estate shall be liable as surety and co-principal debtor', is this clause enforceable?

A guarantee agreement is a form of contract. Under the general principles of contract law, the death of one of the parties to a contract does not...

10th May

Q&As

Is it possible to structure a contract with an indefinite duration and no termination clause, accepting that the usual termination at common law applies?

In answering this Q&A, we have assumed you are referring to a business-to-business commercial contract subject to the governing law of England & Wales...

10th May

Q&As

In the absence of a written agreement can a party unilaterally raise prices and if so, what notice provisions should be complied with?

A contract can be concluded (and subsequently varied) verbally or by conduct. In circumstances where there is no written contract between two parties,...

10th May

Q&As

If company A operates its business through Trading Name X, and it enters into contracts as 'Company A trading as Trading Name X', are there any legal implications with describing the contracting entity this way?

Legal capacity to contractSee Q&A: Is it the company behind the trading name or the trading name which is the contracting party to the contract? Does...

10th May

Q&As

Does an exclusive remedy provision in a contract effectively oust the statutory remedy for interest under the Late Payment of Commercial Debts (Interest) Act 1998 where there is no substantial contractual remedy for late or non-payment otherwise provided for in the contract?

This Q&A is relevant to contracts which are business-to-business contracts, to which the Late Payment of Commercial Debts (Interest) Act 1998 (LPCDIA...

10th May

Q&As

What is the process for revoking a deed or contract and putting in place a new replacement deed or contract?

We refer you to the following Practice Notes set out below, found in the LexisPSL® Commercial module subtopic Contract termination—overview, which may...

10th May

Q&As

Is there is an implied term that restrictions entered into by a subsidiary in a contract extends to group companies? Is there is an obligation to ensure group company compliance by the parent?

Is there an implied term that restrictions entered into by a subsidiary in a contract extend to group companies?Company as a separate legal entityIn...

10th May

Q&As

Can documents be incorporated into a contract by reference?

For the purposes of this Q&A we have assumed the contract is a business-to-business general commercial deed. Different considerations may apply for a...

10th May

Q&As

Could a clause requiring consultants to pay back any shortfall in their billing target be treated as a penalty clause?

This Q&A examines liquidated damages and penalty clauses in the context of the following example scenario: The NHS pays a dental practice a set amount...

10th May

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Q&As

View Commercial by content type:

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

Month definition

Private right of redress for consumers

Agency and distribution compared

Short form letter of assignment

Most recent Q&As content

Popular documents

Common financial covenants

Double insurance and contribution

What is a tort?

Mistake in contract law

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