Contract & tort—general principles

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Contract & tort—general principles guidance:

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

Practice Note

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a...

Practice Note

Having established the existence of a ‘professional’ who may owe duties to their client, it is then necessary to consider the bases on which such duties may be founded....

Practice Note

When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the principles of causation...

Practice Note

This Practice Note considers causation and remoteness in professional negligence claims, encompassing the ‘but for’ test (considered in Kuwait Airways v Iraqi Airways),...

Practice Note

This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in contract. For the basic...

Practice Note

This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence may be admissible...

Practice Note

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 the forms’ scenario...

Practice Note

Express and implied contractual terms distinguished Contractual terms may be either express or implied: • express terms—are terms which are actually recorded in a written...

Practice Note

This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms) considers key cases...

Practice Note

Key questions for any litigator when reviewing a contract will be: • what does the contract mean? • what are the parties’ respective rights and obligations under the...

Practice Note

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 be varied in...

Practice Note

This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages and the different...

Practice Note

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims. For general guidance on damages, see Practice Note:...

Practice Note

Defending a tort claim—general considerations In reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was...

Practice Note

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that they discover in...

Practice Note

This Practice Note discusses the purpose and features of entire agreement clauses (also known as whole agreement clauses), primarily in the context of...

Practice Note

While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content), there are occasions in...

Practice Note

This Practice Note considers estoppel by representation and estoppel by convention. For general guidance on what an estoppel is and when it may be pleaded, see Practice...

Practice Note

What is estoppel? The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of affairs, A is prevented...

Practice Note

Note: this Practice Note is concerned only with the creation of binding legal relations by way of contract (whether in writing or orally) and is not concerned with those...

Practice Note

This Practice Note considers good faith in commercial agreements. It examines the concept of good faith and the extent to which it is applied in commercial agreements...

Practice Note

This Practice Note considers if and when a duty of good faith may be implied into a construction contract, and also looks at some of the standard form construction...

Practice Note

This Practice Note considers hierarchy of documents clauses within a building contract (otherwise known as order of precedence clauses, precedence clauses or priority of...

Practice Note

This Practice Note provides a practical framework for approaching disputes over the correct construction of a contract. It is based upon the principles of contractual...

Practice Note

The implication of terms into a contract is a large and complicated area of law. Sometimes, a particular term will be implied automatically into all contracts of a...

Practice Note
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