The following Commercial practice note provides comprehensive and up to date legal information covering:
This Practice Note considers implied terms in contracts for goods and services, being the implied terms incorporated into contracts for the sale and supply of goods and contracts for the supply of services by the Sale of Goods Act 1979 (SGA 1979) and the Supply of Goods and Services Act 1982 (SGSA 1982). It considers what the implied conditions and the implied warranties under the SGA 1979 and SGSA 1982 are and whether it is possible to exclude or modify these implied terms by express provision in the contract for goods or services.
This Practice Note considers implied terms in contracts for goods and services in business-to-business contracts only. For information about implied terms in consumer contracts after 1 October 2015, see Practice Notes: Consumer Rights Act 2015—summary, Consumer Rights Act 2015—goods and Consumer Rights Act 2015—services. For consumer contracts entered into up to and including 30 September 2015, see Practice Note: Consumer remedies for faulty goods and services (pre 1 October 2015) [Archived].
There is no need to make express provision for implied terms, but it is essential to be aware of the impact that an implied term will have when drafting a commercial contract. Terms implied by statute aim to improve efficiency or provide protection for one of the parties to a contract. They can also save costs of negotiating specific obligations
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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
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
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