The following Commercial Q&A provides comprehensive and up to date legal information covering:
An existing contract or deed may be varied in writing, provided that the variation satisfies the usual requirements for the creation of a binding agreement—ie offer, acceptance, certainty, consideration and contractual intention of the parties (although if a variation is documented as a deed, there is no need for the parties to provide consideration). If the variation is executed as a deed, further formalities are required (see Practice Note: Deeds). For more guidance, see also:
Forming enforceable contracts—overview
Practice Note: Forming enforceable contracts—certainty
Note that, at law, a ‘new contract or deed’ will not have been created by a variation
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
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