The following Commercial Q&A provides comprehensive and up to date legal information covering:
As can be seen in our Model instructions for cancellation and model cancellation form—business-to-consumer, no specific wording 'mandatory withdrawal period' is included.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 set out the legislative requirements. SI 2013/3134, reg 30 provides that for a service contract, 'the cancellation period ends at the end of 14 days after the day on which the contract is entered into'.
The provisions for notice are set out in SI 2013
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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
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
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