The following Commercial Q&A Produced in partnership with Leigh Callaway of Fladgate provides comprehensive and up to date legal information covering:
It is not unusual for a contract to include a term that it will automatically terminate in certain circumstances, whether upon the expiration of a certain period of time or upon the occurrence of a specific event. With regards the former, unless we are dealing with circumstances of employment or consumer protection (which it is assumed we are not)—in which case different principles will apply—then there is nothing prima facie wrong with such a term.
Where a contract specifies that it is to continue for a specific period of time and that time period expires, the contract, on its own terms, comes to an end. Subject to any post-termination obligations it will no longer bind the parties. It therefore follows that any subsequent agreement between the p
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Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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