Contract interpretation

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Contract interpretation guidance:

When advising on contractual construction you should consider: • the guiding principles used by the court when interpreting the meaning of contracts, including the...

Practice Note

Contract interpretation—starting point—the contract itself Unless alleging mistake, fraud or misrepresentation, parties are bound by the documents which they sign,...

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

Claims for breach of contract often involve analysis of whether or not the term alleged to have been breached is one which allows the innocent party to: • terminate the...

Practice Note

Liquidated damages v penalties—when does the issue arise? Parties will sometimes seek to agree in their contract what sums should be payable upon breach of a particular...

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

Parties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is what is known as an...

Practice Note

The basic approach of contract interpretation as provided by Lord Hoffmann’s five principles in ICS v West Bromwich Building Society (see Practice Note: Contract...

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

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

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

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

In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the guiding principles),...

Practice Note

What are contractual terms? The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another. A contractual term is...

Practice Note

Contractual set-off is one of the five main types of set-off described in Practice Note: Types of set-off. Contractual set-off arises where a right of set-off has been...

Practice Note

This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) and business-to-consumer (B2C) contracts. It provides guidance for...

Practice Note

Click here to download the latest Commercial Contracts 2019 report 2019, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are...

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 sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in commercial...

Practice Note