Sale and supply of goods

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FCA test case—documentation for policyholders

The following Commercial news provides comprehensive and up to date legal information on FCA test case—documentation for policyholders

Chemical Strategy for Sustainability heralds most significant changes to EU Chemicals Regulation in 15 years

The following Commercial news provides comprehensive and up to date legal information on Chemical Strategy for Sustainability heralds most significant changes to EU Chemicals Regulation in 15 years

Corporate Insolvency and Governance Act 2020—the rise of the moratorium and restructuring plan and the fall of the Scheme?

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Act 2020—the rise of the moratorium and restructuring plan and the fall of the Scheme?

Scope of lending bank’s duty to commercial borrower to treat the customer fairly (Morley v RBS)

The following Banking & Finance news provides comprehensive and up to date legal information on Scope of lending bank’s duty to commercial borrower to treat the customer fairly (Morley v RBS)

Featured Commercial content

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...

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...

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...

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...

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

Agreements to agree

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

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

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

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

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

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

Agent and principal relationships with third parties

This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s...

9th Nov

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

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

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

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

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...

9th Nov

Practice notes

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...

9th Nov

Precedents

Month definition

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

9th Nov

Precedents

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...

Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Sale and supply of goods content

Practice notes

Corporate Insolvency and Governance Act 2020—restrictions on ipso facto clauses

Background to the Corporate Insolvency and Governance Act 2020 (CIGA 2020)Spurred on by the coronavirus (COVID-19) pandemic and a desire to mitigate...

22nd Jan

COVID-19

Q&As

What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU?

The concept of ‘origin’The concept of ‘origin’ in the EU-UK Trade and Cooperation Agreement (TCA) refers to the origin of goods for the purpose of...

Produced in partnership with Fergus Randolph QC of Brick Court Chambers 22nd Jan

Q&As

What is an authorised economic operator (trusted trader) and when should a business consider applying for this status?

The Authorised Economic Operator (AEO) scheme is a quality-mark that is internationally recognised and confers on the complying entity the status of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 21st Jan

Practice notes

Drop ship agreement—review and negotiation guide

Scope and purposeThis Practice Note is prepared to assist with the review and/or negotiation of a drop ship agreement. See Precedents: Drop ship...

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 21st Jan

Practice notes

Article 101(1) TFEU—the prohibition on restrictive agreements

A key proposition underpinning EU competition law is that competing companies should act independently on markets. In principle, rivalry and...

21st Jan

Practice notes

Article 102 TFEU—the prohibition on abuse of dominance

In the EU, unilateral or ‘dominant’ firm conduct is governed by Article 102 TFEU. In particular, Article 102 TFEU prohibits undertakings that...

21st Jan

Q&As

What are commodity codes and procedure codes from 1 January 2021 and where do I find them?

A commodity code is a ten-digit code to classify goods for import and export declarations. It is used to identify the applicable tariffs, quotas,...

Produced in partnership with Victoria Hewson 21st Jan

Q&As

What are the implications for trading in goods with the EU27 if the UK trades on World Trade Organization rules in the event of a ‘no deal’ outcome in March 2019?

For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to trade in goods...

20th Jan

Brexit

Practice notes

What does IP completion day mean for supply of goods?

How does Brexit impact supply of goods?Brexit affects the supply of goods to the extent that any such supply is cross-border between the UK and the...

19th Jan

Practice notes

Quantum meruit (value of services) and quantum valebat (value of goods)

When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse...

18th Jan

Practice notes

The UK criminal cartel offence

The creation of the Competition and Market Authority (CMA) was accompanied by a radical change in the element of the criminal cartel offence the...

Produced in partnership with Kingsley Napley 15th Jan

Practice notes

Sale and supply of goods contracts

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Athena Markides 15th Jan

In-house

Practice notes

Key terms and conditions in contracts

This Practice Note considers the key terms and conditions (or T&C, Ts&Cs or T&Cs) in contracts for business-to-business (B2B) transactions. It sets...

15th Jan

In-house

Practice notes

Equality Act 2010—discrimination in the provision of goods, services and facilities

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Annabel Mackay of Baker McKenzie 15th Jan

Practice notes

Standard terms and conditions—advantages and disadvantages

This Practice Note considers why businesses use standard terms and conditions (T&C, Ts&Cs, T&Cs), when trading with either other businesses (business...

15th Jan

Practice notes

Standard terms and conditions—incorporation

This Practice Note summarises the practical steps which a business can take to successfully incorporate its standard terms and conditions into...

15th Jan

Practice notes

Implied terms in contracts for goods and services

This Practice Note considers implied terms in contracts for goods and services, being the implied terms incorporated into contracts for the sale and...

15th Jan

In-house

Practice notes

Consumer Rights Act 2015—goods

Brexit: This Practice Note has been updated to reflect the position as of 1 January 2021. Note that retained EU law and Brexit SIs referred to in this...

15th Jan

In-house

Practice notes

Price, payment terms and interest

This Practice Note summarises the main issues arising in relation to price, payment terms and interest provisions in business to business contracts....

15th Jan

Practice notes

Trading with consumers (pre 1 October 2015) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. It summarises the law and key issues affecting businesses trading with consumers...

15th Jan