Contractual issues

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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
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...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Contractual issues content

Practice notes
Reasonable and best endeavoursThis Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that...
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17th Sep
Practice notes
Executing documents—deeds and simple contractsThis Practice Note summarises the law, guidance and practice relating to the execution of simple...
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17th Sep
Practice notes
Contract interpretation—distinguishing between liquidated damages and penalty clausesLiquidated damages v penalties—when does the issue arise?Parties...
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16th Sep
Q&As
Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?Is there a force majeure event?In English law, the...
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15th Sep
Q&As
How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...
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Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep
Q&As
Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
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15th Sep
Practice notes
Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...
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15th Sep
Practice notes
Contractual damages—general principlesThis Practice Note considers the general principles of recovering damages for contractual breach, starting with...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 15th Sep
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 15th Sep
Practice notes
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
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15th Sep
Practice notes
Void contractsWhen is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the...
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15th Sep
Practice notes
Ending a contract by agreementA contract may be wholly discharged by agreement as follows:•where one party releases the other from its obligations by...
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15th Sep
Practice notes
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
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15th Sep
Practice notes
Limitation—contract claimsIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for...
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15th Sep
Practice notes
Claims for rectificationThis Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a...
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15th Sep
Practice notes
Termination for breach of contractThe termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the...
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15th Sep
Practice notes
Proprietary remedies following rescission and rectificationThis Practice Note considers the availability of proprietary remedies following rescission...
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14th Sep
Q&As
If the description in the lease of the demise of a flat is inconsistent with the lease plan, which description prevails?A lease must be in respect of...
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13th Sep
Practice notes
Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by...
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13th Sep
Practice notes
Contract interpretation—the guiding principlesKey questions for any litigator when reviewing a contract will be:•what does the contract mean?•what are...
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13th Sep

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