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GLOSSARY
A contract is a legally binding promise (oral or in writing) by one person to fulfil an obligation to another person in return for consideration. A binding contract comprises four elements: offer, acceptance, consideration and intention to create legal relations.
Q&As
The Renting Homes (Wales) Act 2016 (RH(W)A 2016) is devolved legislation which had the effect of replacing Assured Shorthold Tenancies with 'occupation contracts'. It provides for secure occupation contracts, which apply to the public sector, and standard occupation contracts, which apply to the private sector (RH(W)A 2016, s 1). It is mandatory to issue a written statement of the occupation contract (RH(W)A 2016, s 31), which must contain all of the terms (RH(W)A 2016, s 32). Model written statements of contract are prescribed by regulations (RH(W)A 2016, s 29). The ability to obtain possession
NEWS
The Crown Commercial Service (CCS) has announced additional funding for the Contract Management Pioneer Programme (CMPP) to continue supporting local government contract management capability through April 2026. Launched in November 2021 as a partnership between CCS and local partnerships, the CMPP has engaged commercial colleagues from over 80 councils across England. As of March 2025, 92% of participating councils have demonstrated improved contract management practices, and 144 learners have achieved full accreditation.
GLOSSARY
A contract for the sale of an estate in fee simple.
Q&As
The Consumer Rights Act 2015 (CRA 2015) provides for tiered remedies, meaning that the ‘final right to reject’ is only available to the consumer in the situations specified by CRA 2015, s 24(5): • after one repair or one replacement, the goods do not conform to the contract • because of CRA 2015, s 23(3) the consumer can require neither repair nor replacement of the
Q&As
Condition 6.8.1 of the 5th edition of the Standard Conditions of Sale: Encyclopaedia of Forms and Precedents [460] provides that: ‘At any time after the time applicable under condition 6.1.2 on completion date, a party who is ready, able and
PRACTICE NOTES
This Practice Note provides practical guidance on how commercial lawyers can minimise and avoid disputes and litigation in commercial contracts, suggested options when advising clients anticipating or experiencing problems in the performance of their contracts (including renegotiation, novation, informal workarounds, re-interpretation, the effect of walking away, and termination) and the precautions that need to be observed if a dispute or litigation becomes inevitable. This Practice Note focuses on the practical considerations around actual and potential contract breach in a business-to-business, commercial context. For a checklist of resources which brings together key content for commercial practitioners advising a business trading in difficult times including considerations when drafting contracts, building resilience into supply chains, price and payment issues, performance problems, and dealing with disputes, see also: Commercial contracts in difficult times—resources—checklist. Minimise the risk of disputes Contractual difficulties can arise in commercial contracts due to a wide variety of reasons. Increased or reduced demand for goods or services, difficulties in supply chain and workforce availability, higher prices, inflation, the impact of new or increased tariffs, shortages due to
GLOSSARY
The legal concept whereby a contract is automatically terminated on grounds that one party can no longer perform the contract, for example due to death.
GLOSSARY
A ‘distance contract’ is 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 the time at which the contract is concluded.
Q&As
Damages and injunctive relief The damage for breach is assessed as at the date of the breach of the contract. The overriding aim of an award of damages arising from a breach of a contractual obligation is to put the innocent party 'so far as money can do it…in the same situation…as if the contract had been performed' (Robinson v Harman). For further guidance, see Practice note: Contractual damages—general principles. Equitable remedies such as specific performance and/or injunction may be awarded on a discretionary basis where damages will not be an adequate remedy. Injunctive relief can either be: • mandatory—requiring the defaulting party to take a certain step(s), or • prohibitory—restraining the defaulting party from taking (further) step(s) Injunctive
NEWS
Arbitration analysis: The case at hand is a reminder of a well-established principle of independence, or separability, of the arbitration agreement vis-à-vis the main contract, as enshrined in Article 1447 of the French Code of Civil Procedure (‘CCP’). The Cour de cassation ruled that the existence of the arbitration agreement is not dependent on the formation of the main contract. By reference to Article 1443 of the CCP applicable to domestic arbitration, the Cour de cassation also reaffirmed that consent to arbitration must be in writing. Written by Zuzana Vysúdilová, senior associate at Aceris Law LLC.
NEWS
Delos has announced a presentation on comparative contract law to be held on 24 March 2026 as part of Paris Arbitration Week. The event will explore good faith, principles of contractual interpretation and change of circumstances. Leading practitioners will discuss the understanding and application of these concepts under English, French and German law, with a focus on underlying principles. Speakers will include Gustavo Moser of the LexisNexis UK Arbitration team, and Vivek Kapoor, Arbitration Consulting Editorial Board member. The event will be held at the Paris Arbitration Centre, with an online session available for remote participants.