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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...

Contract variation

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...

Nature and types of agency

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...

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...
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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...
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Produced in partnership with Quentin Tannock of 4 Pump Court 9th Nov
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...
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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 9th Nov
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 9th Nov
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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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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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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...
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Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 9th Nov
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

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 9th Nov

Most recent Standard terms and conditions content

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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2nd Dec
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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17th Nov
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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...
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16th Nov
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...
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16th Nov
Precedents

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

Brexit impact: The data protection and applicable (governing) law and jurisdiction clauses of this Precedent may be affected by Brexit. For further...
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12th Nov
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Precedents

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

FORTHCOMING CHANGE: The IR35 regime applicable to off-payroll working, which has applied since 2017 to public sector entities, is extended, from 6...
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12th Nov
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Precedents

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

DRAFTING FOR BREXIT: For information on the impact of Brexit on consumer protection and issues to consider on the drafting, negotiation and...
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20th Oct
Precedents

On-premises (in store) terms and conditions for the supply of services—business-to-consumer

DRAFTING FOR BREXIT: For information on the impact of Brexit on consumer protection and issues to consider on the drafting, negotiation and...
Read More >
20th Oct
Precedents

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

DRAFTING FOR BREXIT: For information on the impact of Brexit on consumer protection and issues to consider on the drafting, negotiation and...
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20th Oct
Precedents

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

DRAFTING FOR BREXIT: For information on the impact of Brexit on consumer protection and issues to consider on the drafting, negotiation and...
Read More >
20th Oct
Precedents

On-premises (in store) terms and conditions for the supply of goods and services—business-to-consumer

DRAFTING FOR BREXIT: For information on the impact of Brexit on consumer protection and issues to consider on the drafting, negotiation and...
Read More >
20th Oct
Precedents

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

DRAFTING FOR BREXIT: For information on the impact of Brexit on consumer protection and issues to consider on the drafting, negotiation and...
Read More >
20th Oct
Precedents

On-premises (in store) terms and conditions for the supply of goods—business-to-consumer

DRAFTING FOR BREXIT: For information on the impact of Brexit on consumer protection and issues to consider on the drafting, negotiation and...
Read More >
20th Oct
Precedents

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

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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16th Oct
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Precedents

Terms and conditions for the sale of goods—business to business—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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16th Oct
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Q&As

Is it sufficient from a contractual perspective to state that a copy of terms and conditions can be viewed elsewhere or are available on request?

To establish that express terms and conditions have been incorporated into a contract, the party seeking to rely on them must show that it has done...
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28th Sep
Q&As

Where B2B and B2C contracts for services are concluded by a business in person (at both a director’s home and client premises) and at a distance (via email and telephone), which set of terms and conditions are most appropriate?

We do not have a single set of terms and conditions suitable for both B2B and B2C contracts concluded at a distance and in person, and the drafting...
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28th Sep
Q&As

Will a set of standard terms and conditions be successfully incorporated into a contract, where the contract refers to an enclosed copy but a copy is not enclosed?

This Q&A refers to a business-to-business contract which is not subject to specific industry regulations or contracting terms.Under English contract...
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28th Sep
Q&As

A set of terms and conditions provide that for a contract to be formed and the terms and conditions to apply, certain pre-conditions must be met. In the scenario where the pre-conditions are not met but the parties act as though the contract has been formed, has a contract been formed and if so do the terms and conditions apply to it?

Acceptance of a contract may be express or may be inferred from words or conduct: Brogden v Metropolitan Railway Corporation. The test is whether a...
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28th Sep
Q&As

How should terms and conditions for the supply of goods and services reflect the provisions of the Consumer Rights Act 2015?

We refer you to Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist...
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28th Sep

Popular documents

LEXISNEXIS

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a

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Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal

LEXISNEXIS

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product

LEXISNEXIS

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to