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Latest Commercial News

Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

The following Commercial news provides comprehensive and up to date legal information on Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

The following Commercial news provides comprehensive and up to date legal information on Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Featured Commercial content

Fiduciary Duties

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...

Conditions precedent in commercial contracts

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

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

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

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...
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9th Nov
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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...
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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...
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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...
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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...
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Produced in partnership with Tim Wright of Fladgate 12th Jan
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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...
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9th Nov
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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...
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Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan
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...
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9th Nov
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...
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9th Nov
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Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
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9th Nov
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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...
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9th Nov
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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...
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9th Nov
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,...
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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...
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9th Nov
Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...
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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...
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Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Standard terms and conditions content

Precedents

Online terms and conditions for the supply of services—business-to-consumer

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and...
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12th Apr
Precedents

Contract cover sheet

For internal use only: not to send externally[insert commercial sensitivity status eg ‘confidential’, ‘privileged and confidential, ‘restricted’...
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12th Apr
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...
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9th Apr
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Precedents

Terms and conditions for supply of temporary staff by an employment business

STOP PRESS: From 6 April 2021, the IR35 regime applicable to off-payroll working, which has applied since 2017 to public sector entities, is extended...
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9th Apr
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Practice notes

Boilerplate clauses in business-to-consumer contracts—specific clauses

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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8th Apr
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Practice notes

Consumer standard terms and conditions—the business context

This Practice Note looks principally at the business context, as opposed to pure legal framework, when drafting consumer standard terms and conditions...
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8th Apr
Practice notes

Consumer standard terms and conditions—the advertising and marketing context

This Practice Note sets out the advertising and marketing context, as opposed to pure legal framework, when drafting consumer standard terms and...
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8th Apr
Practice notes

Consumer standard terms and conditions—incorporation

This Practice Note sets out the issues to consider in respect of incorporating business-to-consumer (B2C) standard terms and conditions. It considers...
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8th Apr
Practice notes

Contract interpretation—battle of the forms—on whose terms have parties contracted?

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...
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8th Apr
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Precedents

Terms and conditions for introduction of candidates for vacancies by a recruitment agency

STOP PRESS: From 6 April 2021, the IR35 regime applicable to off-payroll working, which has applied since 2017 to public sector entities, is extended...
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6th Apr
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Precedents

Off-premises (doorstep) terms and conditions for the supply of services—business-to-consumer

Please read the following important terms and conditions before you buy anything from us and check that they contain everything you want and nothing...
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6th Apr
Precedents

Off-premises (doorstep) terms and conditions for the supply of goods—business-to-consumer

Please read the following important terms and conditions before you buy anything from us and check that they contain everything you want and nothing...
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6th Apr
Precedents

Online terms and conditions for the supply of digital content and end user licence agreement—business-to-consumer

Please read the following important terms and conditions before you buy any digital content from us and check that they contain everything you want...
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30th Mar
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Precedents

Online terms and conditions for the supply of goods—business-to-consumer

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and...
Read More >
30th Mar
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Precedents

Mail order terms and conditions for the supply of goods—business-to-consumer

Please read the following important terms and conditions before you buy anything from our catalogue and check that they contain everything you want...
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30th Mar
Precedents

Terms and conditions for the purchase of goods and services—business to business—pro-customer

1Definitions and interpretation1.1In these Conditions the following definitions apply:Acceptance Conditions•has the meaning given in clause...
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29th Mar
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Practice notes

What does IP completion day mean for standard terms and conditions?

How does Brexit impact standard terms and conditions?The main implications of Brexit for standard terms and conditions will be the practical changes...
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25th Mar
Precedents

Terms and conditions for the purchase of services—business to business—pro-customer

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
15th Mar
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Precedents

Terms and conditions for the sale of goods and services—business to business—pro-supplier

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
15th Mar
tag iconIn-house
Precedents

Terms and conditions for the supply of services—business to business—pro-supplier

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
15th Mar
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Popular documents

LEXISNEXIS

Common financial covenants

This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:

LEXISNEXIS

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral

LEXISNEXIS

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for

LEXISNEXIS

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case