Forming enforceable contracts

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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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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
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Forming enforceable contracts content

Practice notes
Contract disputes—key and illustrative decisionsNOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use...
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17th Sep
Practice notes
Forming enforceable contracts—the court's general approachNote: this Practice Note is concerned only with the creation of binding legal relations by...
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16th Sep
Practice notes
Getting the Deal Through: Commercial Contracts 2020Jurisdictions coveredThe following jurisdictions are covered in this report:Armenia; Australia;...
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13th Sep
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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13th Sep
Practice notes
Forming enforceable contracts—authorityThis Practice Note considers contracting authority under the law of England and Wales, which is an essential...
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13th Sep
Practice notes
Agreements to agreeThis Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has...
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13th Sep
Practice notes
Forming enforceable contracts—agent's authority to contractWho is liable? Agent or principal—general positionIn Re Lendy, the judge summarised that...
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13th Sep
Practice notes
Forming enforceable contracts—acceptanceAn agreement on the terms of an offer will only become a binding contract capable of being enforced if that...
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13th Sep
Practice notes
Forming enforceable contracts—capacityIn English law, there is a presumption that everyone has a capacity to contract. However, if you are a minor or...
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13th Sep
Practice notes
Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in...
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13th Sep
Practice notes
Forming enforceable contracts—certaintyThe terms of an agreement may be so vague or uncertain as to be meaningless and therefore unenforceable....
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13th Sep
Practice notes
Forming enforceable contracts—offerThis Practice Note considers the requirements for a legally binding offer. In so doing, it considers:•what we mean...
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13th Sep
Practice notes
Forming enforceable contracts—intention to create legal relationsAn intention to create legal relations is requiredThere are various situations in...
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13th Sep
Q&As
Does a CPR Part 36 offer, when made, reject a common law offer previously made by virtue of the standard common law doctrine?At common law, a...
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Produced in partnership with Mr Tom Montagu-Smith, QC 9th Sep
Q&As
My client was due to execute a settlement agreement by deed at our offices. Where that individual is no longer able or willing to travel, can they...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep

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