Contract interpretation

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Practice notes
Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)A claim for misrepresentation requires that the statement made must...
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Produced in partnership with Charles Spragge of Druces 19th May
Practice notes
Relief from sanctions—the applicationThis Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from...
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19th May
Practice notes
Quantum meruit (value of services) and quantum valebat (value of goods)When is quantum meruit and quantum valebat relevant?Claims in quantum meruit...
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19th May
Practice notes
Expert reportsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court...
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19th May
Practice notes
Costs orders—payment and enforcementThis Practice Note deals with provisions for the payment of costs orders. It considers the differences depending...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Multi-track—case management conference (CMC)This Practice Note provides guidance on the interpretation and application of the relevant provisions of...
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19th May
Practice notes
Strike out for abuse of process (civil) (CPR 3.4(2)(b))Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note...
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19th May
Practice notes
CE-File—introduction to electronic filing in the Rolls Building and other courtsThis Practice Note provides guidance on the interpretation and...
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19th May
Practice notes
Counterclaims and additional claims under CPR 20—initial considerations and permissionThis Practice Note sets out when and how a defendant may bring a...
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19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Practice notes
Multiple tortfeasors—liability issues and contribution claimsThis Practice Note considers tortious liability issues where more than one party is...
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Produced in partnership with Kate Temple-Mabe of 7BR 19th May
Practice notes
European order for payment procedureThis Practice Note is for use in cases in which the order was applied for prior to IP completion day (31 December...
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19th May
Practice notes
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—interference with the...
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19th May
Practice notes
Charging orders—what are they and when to use them—CPR 73This Practice Note considers the jurisdiction for obtaining interim and final charging orders...
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19th May
Q&As
When determining the deemed date of service under CPR 6.26, does the clear day rule in CPR 2.8 need to be applied?This Q&A refers to service of a...
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19th May
Practice notes
Specific implement and interim specific implement in Scottish civil litigationThis Practice Note considers the position on final orders for specific...
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Produced in partnership with Jim Cormack of Pinsent Masons 19th May

Most recent Contract interpretation content

Q&As
At what point is a payment by cheque treated as being made? Does it make any difference if the recipient does not cash the cheque or delays in cashing...
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1st Aug
Q&As
Are liquidated damages enforceable for breach of a non-solicitation clause?The enforceability of liquidated damages clausesA liquidated damages clause...
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31st Jul
Practice notes
Getting the Deal Through: Commercial Contracts 2020Jurisdictions coveredThe following jurisdictions are covered in this report:Armenia; Australia;...
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31st Jul
Q&As
Is a buyer subject to a duty to mitigate loss where a seller gives warranties on an indemnity basis in a share purchase agreement?An indemnity is a...
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31st Jul
Q&As
Do you have examples of cases and Commentary where a limitation of liability for negligence in a business-to-business sale of goods agreement was...
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31st Jul
Q&As
What factors impact the choice of English law as the governing law for a new agreement which will directly impact upon the operation of existing...
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31st Jul
Q&As
Where A and B have agreed that on condition X occurring, A will pay B a sum of money but they have failed to identify in their agreement when and how...
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Produced in partnership with Jane Dunlop of Clarke Willmott LLP 31st Jul
Q&As
Does a promissory note require consideration to be legally binding?Introduction: Stair Memorial Encyclopaedia [269] defines a promissory note as:'an...
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31st Jul
Q&As
What are Braganza duties in commercial contracts?This Q&A discusses the duty of rationality that applies where a contract provides that a matter is to...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 31st Jul
Q&As
Can a contract that has expired be extended where the expired contract contained a provision for extension?Interpretation of contractsWhether the...
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31st Jul
Q&As
Is an innocent party obliged to offer a party in breach an opportunity to remedy their breach where there is no written contract?A contract may be...
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31st Jul
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...
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31st Jul
Practice notes
Contract interpretation—terms implied by custom and usageExpress and implied contractual terms distinguishedContractual terms may be either express or...
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31st Jul
Practice notes
Contract interpretation—conditions, warranties and intermediate termsClaims for breach of contract often involve analysis of whether or not the term...
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31st Jul
Practice notes
Contract interpretation—the guiding principlesKey questions for any litigator when reviewing a contract will be:•what does the contract mean?•what are...
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31st Jul

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