Forming enforceable contracts

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Practice notes
Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
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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9th Nov
Practice notes
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Nov
Practice notes
Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
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9th Nov
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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9th Nov
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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9th Nov
Practice notes
The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...
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9th Nov
Practice notes
This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...
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9th Nov
Practice notes
This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...
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9th Nov
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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9th Nov
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...
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9th Nov
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
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9th Nov
Precedents
This Precedent and Drafting Note provide guidance on key model directions from the justice.gov.uk website’s ‘menu of model paragraphs’. They should be...
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9th Nov

Most recent Forming enforceable contracts content

Practice notes
This Practice Note considers the requirements for a legally binding offer. In so doing, it considers:•what we mean by 'offer'•how to distinguish an...
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18th Jan
Practice notes
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...
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18th Jan
Practice notes
In English law, there is a presumption that everyone has a capacity to contract. However, if you are a minor or you lack the necessary mental capacity...
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18th Jan
Practice notes
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...
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18th Jan
Practice notes
The terms of an agreement may be so vague or uncertain as to be meaningless and therefore unenforceable. However, where parties have reached...
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18th Jan
Practice notes
Two types of agent's authority to contract on behalf of its principalIn the context of contract law, 'authority' is the power an agent has to affect...
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18th Jan
Practice notes
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...
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18th Jan
Practice notes
NOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use ctrl+f to search its contents.The general...
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18th Jan
Practice notes
An agreement on the terms of an offer will only become a binding contract capable of being enforced if that offer has been accepted. This Practice...
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18th Jan
Practice notes
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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15th Jan
Practice notes
This Practice Note considers contracting authority under the law of England and Wales, which is an essential component of contract formation. It...
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15th Jan
Practice notes
This Practice Note summarises the key elements of guarantees and indemnities, the circumstances in which they are used, issues that beneficiaries and...
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15th Jan
Practice notes
This Practice Note considers heads of terms (also known as a memorandum of understanding (MoU), letter of intent (LOI), comfort letter, pre-contract...
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15th Jan
Practice notes
Brexit: This Practice Note has been updated to reflect the position as of 1 January 2021. Note that retained EU law and Brexit SIs referred to in this...
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15th Jan
Q&As
The question of whether a deed can be witnessed remotely is a difficult one as the position at law is unclear. For the reasons that follow, it is...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
For the purposes of this Q&A, we have focused on the scenario where the principal (not necessarily as an employer) has an IPR indemnity clause in its...
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Produced in partnership with Shobana Iyer of Swan Chambers 8th Jan
Q&As
In answering this Q&A, we have set out the general approach to the postal rule and have not addressed any specific considerations that may be relevant...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
At common law, a counter-offer will often be understood to include an implied rejection of a previous offer. This will, however depend on the content...
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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 8th Jan

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