Contract interpretation

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Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when determining whether a claim form...
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21st Oct
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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20th Oct
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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19th Oct
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 1st Oct
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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30th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...
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28th Sep
Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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26th Sep
Practice notes
This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...
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26th Sep
Practice notes
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...
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26th Sep
Practice notes
This Practice Note is a useful guide when considering whether you can amend a claim form, amend a defence or amend a different form of...
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25th Sep
Practice notes
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...
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25th Sep
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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25th Sep
Practice notes
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...
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25th Sep
Practice notes
This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types of privilege, including...
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25th Sep
Practice notes
What are interim injunctions? An injunction is a discretionary remedy that takes the form of a court order and which requires a party...
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25th Sep
Practice notes
The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...
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25th Sep

Most recent Contract interpretation content

Practice notes
In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...
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25th Sep
Practice notes
Parties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is...
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25th Sep
Practice notes
When advising on contractual construction you should consider:•the guiding principles used by the court when interpreting the meaning of contracts,...
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25th Sep
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Armenia; Australia; Canada; Germany; Japan; Mexico; Spain; Switzerland;...
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25th Sep
Practice notes
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...
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25th Sep
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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25th Sep
Practice notes
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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25th Sep
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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25th Sep
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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25th Sep
Practice notes
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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26th Sep
Practice notes
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...
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26th Sep
Practice notes
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...
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26th Sep
Precedents
1 Entire agreement—short form 1.1 This agreement[ and [any documents entered into pursuant to it OR [insert name[s] of...
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26th Sep
Practice notes
This Practice Note provides a practical framework for approaching disputes over the correct construction of a contract. It is based upon the...
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26th Sep
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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26th Sep
Practice notes
Key questions for any litigator when reviewing a contract will be:•what does the contract mean?•what are the parties’ respective rights and...
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26th Sep
Practice notes
Liquidated damages v penalties—when does the issue arise?Parties will sometimes seek to agree in their contract what sums should be payable upon...
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26th Sep
Q&As
By way of example, is it possible to have a master sale and purchase agreement governed by English law pursuant to which one party agrees to assign or...
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28th Sep
Q&As
Liability can be excluded or limited. If a term purports to limit liability, although less likely to be unenforceable (see Ailsa Craig Fishing v...
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28th Sep

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