Contractual interpretation

Contractual interpretation guidance:

Liquidated damages v penalties—when does the issue arise? Parties will sometimes seek to agree in their contract what sums should be payable upon breach of a particular...

Practice Note

This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms) considers key cases...

Practice Note

Key questions for any litigator when reviewing a contract will be: • what does the contract mean? • what are the parties’ respective rights and obligations under the...

Practice Note

This Practice Note explains why exclusion clauses are used in property contracts and when they may be of no effect, including at common law in the context of fraudulent...

Practice Note

Exclusion clauses aim to protect a party to a contract by excluding or limiting liability against claims for breach of contract or in tort. In the context of property...

Practice Note

This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in commercial agreements....

Practice Note

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease. A standard lease will...

Practice Note

Subject to contract If a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal contract has been...

Practice Note