Sale and supply of goods

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Commercial weekly highlights—25 February 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—25 February 2021

Loosening the ties that bind—new NHS procurement regime proposed

The following Commercial news provides comprehensive and up to date legal information on Loosening the ties that bind—new NHS procurement regime proposed

Comment—do not count on UK data adequacy; legal challenges appear inevitable

The following Commercial news provides comprehensive and up to date legal information on Comment—do not count on UK data adequacy; legal challenges appear inevitable

Coronavirus (COVID-19)—approx 2.3 million air passengers in UK denied flight refunds

The following Commercial news provides comprehensive and up to date legal information on Coronavirus (COVID-19)—approx 2.3 million air passengers in UK denied flight refunds

Featured Commercial content

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...

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...

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

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

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

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

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

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

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

Practice notes

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,...

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

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

Q&As

Where A stores its equipment at B’s facility and its equipment is removed without A’s knowledge, can A ask for its return or can B sell A’s equipment, without A’s knowledge or consent, in order to satisfy a debt A owes to B? If so, does A have any security over the proceeds of sale?

BailmentBailment is the legal term where one person knowingly has possession of the goods of another.The legal relationship of bailor and bailee can...

11th Feb

Q&As

Does section 233B of the Insolvency Act 1986 prevent a supplier from calling on a parent company guarantee (or other security) which is triggered by the insolvency of a customer?

The Corporate Insolvency and Governance Act 2020 (CIGA 2020) inserted section 233B into the Insolvency Act 1986 (IA 1986) as part of a package of...

Produced in partnership with Ryan Hocking of Hardwicke Chambers 9th Feb

Q&As

How does the restriction on ipso facto clauses under new section 233B, Insolvency Act 1986 affect a supplier’s contractual rights to repossession under a retention of title clause which might otherwise be triggered upon a customer insolvency event?

This Q&A considers the restrictions on ipso facto clauses under section 233B of the Insolvency Act 1986 (IA 1986) and the impact on a supplier’s...

Produced in partnership with Deanne Hamilton of Harrison Clark Rickerbys Limited 9th Feb

Q&As

What should be taken into account when drafting a contract for the supply of goods or services in light of statutory controls on rights in the event the customer is subject to an insolvency procedure including under the new Corporate Insolvency and Governance Act 2020?

Restriction on termination clauses in supply contractsThe Corporate Insolvency and Governance Act 2020 (CIGA 2020) introduces a permanent change to...

9th Feb

COVID-19

Q&As

Can a distributor pass title of goods directly to an end-user (rather than title passing to the distributor’s re-seller first) without creating any obligations between the distributor and end-user?

Underlying modelsThe scenario described in this Q&A takes elements of an agency relationship and elements of a distribution relationship; see Practice...

9th Feb

Q&As

What considerations should practitioners be taking into account when deciding whether or not the provisions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 apply to IP licences? Would the considerations be different as between (a) a pure IP licence, and (b) a commercial agreement containing an element of IP licensing (eg a franchise agreement or a sponsorship agreement)?

In this Q&A, ‘IP’ is taken to mean intellectual property and ‘practitioner’ is taken to mean insolvency practitioner.The Corporate Insolvency and...

Produced in partnership with Caroline Clark 9th Feb

COVID-19

Practice notes

Applying block exemptions to IP agreements

Intellectual property (IP) agreements relating to, for example, licensing of technology and for the joint development of new technology, may have a...

Produced in partnership with Bristows LLP 9th Feb

Q&As

Are there Brexit model clauses that a business should consider incorporating in its service agreement where the business is selling goods and services to customer in and outside UK?

For assistance with your query, see: Brexit—Commercial, in particular the following:...

8th Feb

Brexit

Q&As

Do you have a clause that manages a company’s risk in connection with the corporate failure to prevent the facilitation of tax evasion offence under the Criminal Finances Act 2017?

Under the Criminal Finances Act 2017 (CFA 2017), an organisation commits an offence when the following conditions are satisfied:•criminal tax evasion...

8th Feb

Practice notes

Retention of title

This Practice Note considers retention of title clauses, also known as reservation of title, ROT or Romalpa clauses. It considers the uses and...

5th Feb

In-house

Practice notes

Carriage of goods by rail

This Practice Note provides a summary of the law relating to the carriage of goods by rail as provided for in the Uniform Rules Concerning the...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 5th Feb

Practice notes

Limitation—tort claims

This Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods...

5th Feb

Q&As

If a bailee serves notice on a bailor under Part I of Schedule 1 to the Torts (Interference with Goods) Act 1977, must the bailee arrange and pay for the goods to be returned to the bailor or can the bailee insist that the goods are collected by the bailor from the bailee's premises?

A notice served by a bailee to a bailor under Part I of Schedule 1 to the Torts (Interference with Goods) Act 1977 (T(IG)A 1977) imposes an obligation...

3rd Feb

Q&As

How might a hire company be liable to a third party consumer who is injured by faulty goods supplied by the hire company under contract to an event organiser?

In answering this Q&A we have focused on liability under the Consumer Protection Act 1987 (CPA 1987) only. We have not considered the liability...

3rd Feb

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 3rd Feb

Q&As

Can a supplier in a business-to-business sale of goods contract refuse to allow the buyer to return non-faulty goods?

This Q&A refers to a generic supply of goods agreement, in relation to which no specific industry or sector regulations apply.We are not aware of any...

3rd Feb

Q&As

When is 'actual damage' sustained for the context of limitation in tort, when a defective product is supplied, and the supplier has a duty of care to exercise reasonable care and skill?

A claim for damage suffered as a result of a defective productA consumer can bring a claim for damage suffered as a result of a defective product...

3rd Feb

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 3rd Feb

Q&As

Would an equitable claim arise if a person, who is in possession of another's asset, incurs costs to upgrade the asset to be fit for purpose and seeks recovery of those costs from the owner?

In answering this Q&A, we assume you are referring to a business to business transaction for the hire of goods which have not been supplied fit for...

3rd Feb

Q&As

Which parties in a supply chain are liable for defective second hand goods and can any of them limit that liability with an indemnity clause?

Defective products liabilityLiability for defective products is dealt with under Consumer Protection Act 1987 (CPA 1987), which implements into UK law...

3rd Feb

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Sale and supply of goods

View Commercial by content type:

Latest Commercial News

Commercial weekly highlights—25 February 2021

Loosening the ties that bind—new NHS procurement regime proposed

Comment—do not count on UK data adequacy; legal challenges appear inevitable

Coronavirus (COVID-19)—approx 2.3 million air passengers in UK denied flight refunds

Featured Commercial content

Fiduciary Duties

Joint, several, and joint and several liability

Conditions precedent in commercial contracts

Mistake in contract law

Most recent Sale and supply of goods content

Popular documents

Non-UCITS retail schemes (NURS)

Insurance conduct regulation—COBS and ICOBS

Involuntary manslaughter

Recklessness in criminal cases

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