Terminating 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 Terminating 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
How to terminate an agreementTermination—contractual and common law rightsAs commercial lawyers, we are used to being instructed to advise in...
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15th Sep
Q&As
Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force...
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Produced in partnership with Richard Colbey of Lamb Chambers 15th Sep
Q&As
How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...
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Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep
Q&As
Can a contract be rescinded if, subsequent to the contract being concluded, one party attempts to redefine the terms?In order to determine whether an...
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15th Sep
Q&As
Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
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15th Sep
Practice notes
Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...
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15th Sep
Practice notes
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
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15th Sep
Practice notes
Void contractsWhen is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the...
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15th Sep
Practice notes
Ending a contract by agreementA contract may be wholly discharged by agreement as follows:•where one party releases the other from its obligations by...
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15th Sep
Practice notes
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
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15th Sep
Practice notes
Force majeure—consequences and contract dischargeCoronavirus (COVID-19): In addition to the below content on force majeure generally, see...
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15th Sep
Practice notes
Termination for breach of contractThe termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the...
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15th Sep
Practice notes
Termination and expiry of contractsThis Practice Note provides an overview of contract expiry and of the different causes of termination and ways to...
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14th 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
I have received a force majeure notice from my supplier, what do I do?The first thing to do is to unearth the relevant contract. The notice will have...
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Produced in partnership with XXIV Old Buildings 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
Q&As
Is a force majeure clause enforceable in a business-to-consumer contract because of coronavirus (COVID-19)?Traders seeking to rely on force majeure...
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13th Sep
Precedents
Breach notice for non-payment—without an express right to terminate and without time being of the essenceDear [name of other party],[insert name of...
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13th Sep
Precedents
Breach notice for non-payment—with time being of the essenceDear [name of other party],[insert name of agreement]: [insert client name] and [insert...
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13th Sep

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