The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Contractual 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. For further guidance, see Practice Note: Contract interpretation—express terms in contracts
implied terms—are not stated in the contract but arise 'by implication' to reflect the intention of the parties at the time the contract was made. Terms may be implied by fact, law or custom
For guidance on terms implied by fact, see Practice Note: Contract interpretation—terms implied by fact.
For guidance on terms implied by law, see Practice Note: Contract interpretation—terms implied by law.
Where there is clear and sufficient factual evidence that a custom operates within an industry, the courts will imply a term giving effect to the custom (Mount v Oldham Corp).
It is irrelevant as to whether or not the parties knew of the custom (Sutton v Tatham).
However, no such term will be implied if the contract evidences a contrary intention of the parties, nor will the courts imply a term by custom if it is unreasonable.
In essence, the courts will only imply a term by custom if there is in the particular trade or industry concerned a ‘uniform…practice so well defined and recognised that contracting parties must be assumed to have
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Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge in a single document a summary of the parties’ rival cases on an item-by-item basis.The need for a Scott Schedule in construction cases arises
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
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