Force majeure—meaning and nature The key features of force majeure are: • a 'force majeure clause' applies to a contractual term providing for one (or both) parties to be...
A contract may be frustrated if an unforeseen event occurs after the contract is formed and: • as a result of that event: ◦ the contract becomes impossible to perform...
This Practice Note provides guidance on how to draft a termination notice and an accompanying without prejudice offer letter to settle any claim arising out of the...
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...
Introduction As commercial lawyers, we are used to being instructed to advise in connection with the formation of a commercial relationship. Even if, like family lawyers...
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...
What is rescission of a contract? The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way: • the...
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including their practical and...
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...
When 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 parties contract on the basis of a...