This Q&A covers the situation where: • the goods in question are not protected by a patent or otherwise protected by registered intellectual property rights (IPRs) • the goods may be simply physical parts or machines which also incorporate software, and • the seller wishes to prevent the buyer selling goods created using the knowledge acquired by reverse engineering Competition issues On the face of it there may be a competition law angle to consider in this situation. This is on the basis that, but for the clause in question, the purchaser could (and may have the requisite incentive to) enter or expand in a market in competition with the party supplying the product (Party A)—whether this is in: • an

If an employee gives notice to terminate their employment and, during that period of notice, the employer summarily dismisses them (ie without notice), the employee will be considered to have been dismissed by the employer despite the fact that they first gave notice to terminate their contract. For further information, see Practice Note: Definition of dismissal in unfair dismissal—Express dismissal. Issues that then arise include: • whether the employer was entitled to terminate the contract summarily for gross misconduct, and • if the employee is entitled to bring an unfair dismissal claim, whether the dismissal was fair or unfair on ordinary principles An employee who is guilty of gross misconduct can be dismissed summarily and will not be wrongfully dismissed, ie in these circumstances an employer will be entitled to dismiss without giving the normal contractual

(1) In this Part “relevant contract” means— (a) an option, (b) a future, or (c) a contract for differences. (2) For the meaning of “option”, “future” and “contract for differences”, see sections 580, 581 and 582 respectively

The contract between an employer and a contractor for the carrying out and completion of building works. The building contract may be referred to as the main contract, particularly when sub-contractors are to be engaged.

The Welsh Government has published guidance for responsible entities of residential buildings 11 metres and over, explaining how they should work with developers who have signed the Developer Remediation Contract. Under the contract, developers must identify and remedy life-critical fire-safety defects arising from the building’s original design, construction or refurbishment. They are required to use competent, independent assessors, follow recognised standards, keep responsible entities informed, obtain regulatory approvals and submit a final qualifying assessment confirming that risks have been reduced to a tolerable level. When no works are required, developers must provide the assessment to the government. The guidance clarifies that developers are not responsible for issues caused by wear, poor maintenance or later alterations, nor for interim safety costs.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, SI 2013/3134 (CCR 2013), which implement the Directive 2011/83/EU, the Consumer Rights Directive, as amended by the Consumer Contracts (Amendment) Regulations 2015, SI 2015/1629, apply to contracts for goods, services and digital content that are made by means of distance communication (and also to off-premises (ie doorstep) contracts and on-premises contracts). The relevant definitions are found in CCR 2013, SI 2013/3134, reg 5. A ‘distance contract’ means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including

DATE [date] Parties 1 [name of Party A] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ([description for Party A]); 2 [name of Party B] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ([description for Party B]); 3 [name of Party C] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address]([description for Party C]). Background (A) On [date] [description of Party A] and [description of Party B] entered into a contract (Contract) for [describe the general nature of the contract] [relating to [description of Property] (Property)].

If a farm worker resigns from their employment, any contractual break clause contained in the assured agricultural occupancy agreement is of no effect and statutory protection is not lost. We have been unable to find any corresponding provision in relation to a contractual break clause if the landlord terminates the tenant’s employment. Tenant terminates their own employment In relation to a contractual break clause, section 25(4) of the Housing Act 1988 (HA 1988) specifically provides that if the tenant gives notice terminating their employment, that notice will not constitute a notice to quit in respect of the assured agricultural occupancy and any

This Practice Note considers why a third party may wish to rely on a contract to which it is not privy, and whether the common law doctrine of privity of contract may be avoided by recognising instead a collateral agreement, a group contract or an agency scenario on the given facts. Why consider the effects of contracts on third parties? Although your client is not a party to the contract in question, you may still want to know whether they may be: • liable for any obligations or • entitled to enforce any benefits under the contract. Consider the following scenarios: • in a contract between A (promisor) and B (promisee), A agrees to pay £1,000 to C (third party) • in a contract between A (promisor) and B (promisee), A agrees that any liability in respect of C (third party) should be limited to £5,000 In both of these examples, there is a benefit to C (payment of £1,000 and limitation of their liability to a fixed sum of £5,000, respectively)

This Q&A covers distance contracts. This Q&A refers to a business to consumer contract. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) provide for cancellation rights that apply to agreement for goods, services and digital content that are made off-premises or on the doorstep (as well as at a distance, eg online or mail order). The cancellation period, as long as the required information is provided by the trader to the consumer about their cancellation rights, is generally 14 days after the day on which the contract is entered into for services or digital content not supplied on a tangible medium. For goods the cancellation period ends 14 days after the day on which the goods came into the physical possession of the consumer

The Financial Conduct Authority (FCA) has confirmed that it has applied to the High Court to lift the suspension on awarding the bond consolidated tape contract. If the suspension is lifted, the FCA will be able to finalise its contract with Etrading Software (ETS), allowing work on the tape to progress while it continues to defend the ongoing legal challenge. The tape is intended to provide a single and reliable view of the UK bond market, enabling more informed investment decisions. The FCA is expected to submit its formal defence by the end of the week and will continue to engage with data contributors and users, alongside ETS.

The variety of conceivable contracts made by schools for school trips, in addition to the range of such trips, means that it is not possible to give a specific answer to this question. School trips include relatively simple arrangements for a trip to a local museum, day trips on a hired coach to a castle 100km away and more complex contracts associated with a week-long ski trip to a resort abroad. The contractual arrangements involved in these trips will be different depending on the nature of the trip. As a general matter, where a legal person contracts with a supplier of goods or services, it is not acting as a consumer. The definition of ‘consumer’ in section 2 of the Consumer Rights Act 2015 is ‘an individual acting for purposes that