When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the principles of causation...
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...
Express and implied contractual terms distinguished Contractual terms may be either express or implied: • express terms—are terms which are actually recorded in a written...
This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms) considers key cases...
This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages and the different...
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims. For general guidance on damages, see Practice Note:...
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with cross border matters, including...
This Practice Note provides guidance on how to draft a notice of breach of contract and sets out the methodology behind the drafting of our bespoke notice of breach...
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...
This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and statutory controls...
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract interpretation...
1 Expert determination 1.1 Any dispute arising out of or in connection with this Agreement [or any aspect of the technology underlying the provision of the Services] [or...
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 •...
This Practice Note sets out when and how parties can seek to limit or exclude liability for misrepresentations by reference to section 3 of the Misrepresentation Act 1967...
When is mitigation in contract claims relevant to consider? Even where causation and remoteness have been established (see Practice Note: Causation and remoteness in...
Negligence—what are the key ingredients to establish a claim in negligence? For liability in negligence to be founded, four key ingredients must be present: • duty of...
