Forming enforceable contracts

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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 considering service out of the...
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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
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan
Practice notes
This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...
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9th Nov
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
Precedents
[insert name and address of defendant or defendant'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 12th Jan
Practice notes
This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 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
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
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
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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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
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...
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9th Nov
Practice notes
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...
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9th Nov
Practice notes
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for...
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9th Nov
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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9th Nov

Most recent Forming enforceable contracts content

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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11th May
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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11th May
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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20th Apr
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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15th Apr
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Armenia; Australia; Canada; Germany; Japan; Mexico; Spain; Switzerland;...
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9th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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 Apr
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
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8th Apr
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
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8th Apr
Practice notes
This Practice Note provides an overview of the Consumer Rights Act 2015 (CRA 2015). The CRA 2015 provides consumer rights and remedies in respect of...
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3rd Mar
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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2nd Mar
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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1st Mar
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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24th Feb
Q&As
Formation of contractThere are only two forms of contract—deeds and simple contracts. See Practice Note: Executing documents—deeds and simple...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Feb
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 13th Feb

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