Contractual disputes

Contractual disputes guidance:

This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence may be admissible...

Practice Note

Joint and several liability Where a covenant is given by two or more persons, they may be liable: • jointly • severally, or • jointly and severally The applicable...

Practice Note

This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages and the different...

Practice Note

A contract may be wholly discharged by agreement as follows: • where one party releases the other from its obligations by deed (release) • the parties agree to compromise...

Practice Note

Damages may not always be an adequate remedy for breach of contract or, indeed, an appropriate one. This may be particularly so if the contract has not yet been breached...

Practice Note

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see Practice Note:...

Practice Note

What is an estoppel? As Lord Denning MR put it in Moorgate Mercantile v Twitchings (page [323]), estoppel is a principle of justice and of equity which provides, in very...

Practice Note

A valuer estimates or assesses the worth or value of, or fixes a price for, a property. This note does not cover the liability of a valuer acting as an arbitrator. Margin...

Practice Note

Contract Where a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be: • joint •...

Practice Note

The general rule At common law, there cannot be two agreements that cover the same ground. When a contract is completed by deed, insofar as they cover the same ground,...

Practice Note

This Practice Note considers when contractual obligations merge on completion of a property contract and remedies that may be available after completion. For contractual...

Practice Note

An important part of the process of buying or leasing a property is raising pre-contract enquiries. There are many scenarios where enquiries may need to be raised,...

Practice Note

In this Practice Note, the Limitation Act 1980 is referred to as LA 1980. General Generally, the limitation period for bringing a claim for breach of contract is: • six...

Practice Note

This Practice Note sets out what fraudulent, negligent and innocent misrepresentations and negligent misstatements are in a property context and the differences between...

Practice Note

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and...

Practice Note

This Practice Note deals with the extent of a valuer’s liability to buyers, sellers and mortgagees for inaccurate valuations, including the margin of error permitted to...

Practice Note

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. Time is generally not of the essence for completion...

Practice Note

This Practice Note considers proprietary estoppel from a generic standpoint. For industry specific guidance on proprietary estoppel, see Practice Notes: • Estoppel and...

Practice Note

Rectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties' intention. It is available...

Practice Note

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note: Rectification—mutual mistake....

Practice Note

Repudiation of a contract occurs where one party communicates to the other (through words or conduct) that they no longer intend to be bound by it, usually by committing...

Practice Note

The term rescission is used to describe two very different remedies: • rescission ab initio, and • rescission for breach (or more accurately discharge by breach)...

Practice Note

Rescission can either mean a contract is discharged by breach, or that a contract is treated as if it never existed—known as rescission ab initio. This Practice Note...

Practice Note

Buyer’s right to return A buyer’s right to the return of their deposit is a legal right arising out of breach of contract by the seller. The fact that the buyer has, by...

Practice Note

What is the duty of disclosure? When a seller enters into a contract for the sale of land, there is an implied obligation that it will give good title free from all...

Practice Note

Specific performance of a contract is ordered at the court's discretion where damages do not afford a complete remedy. An agreement can be rectified on the...

Practice Note

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance. Specific performance is...

Practice Note

If a would-be landlord or tenant fails or refuses to perform their obligations under an agreement for lease (including the landlord's obligation to grant and the tenant's...

Practice Note

The termination of a contract by reason of one party’s breach of contract arises as follows: • one party to the contract is in breach of contract • the relevant breach is...

Practice Note

Land Registration Act 2002 makes provision for 'alteration' of the register on a number of grounds and employs a narrower concept of 'rectification' than under Land...

Practice Note
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