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GLOSSARY
A traditional rule of construction is that if there is any ambiguity in a contractual term, the construction less favourable to the proferens will be adopted.
GLOSSARY
A fund manager who goes against the general trend in investment cycles, by buying stocks that are out of favour in the belief that they will recover. Also known as a contrarian manager.
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.
GLOSSARY
The documents that, together, comprise the building contract are often collectively referred to as the contract documents. The contract documents will usually include the conditions of contract, the employer’s requirements, the contractor’s proposals, the specification and the contract sum analysis or bills of quantities.
GLOSSARY
Contract administration focuses on the planning and commercial construction of contracts.
GLOSSARY
The contract administrator exists in a design and build contract and is appointed by the employer to administer the contract on its behalf. It gives instructions to the contractor, issues notices and certifies payments and completion. It may be an architect or engineer. Also called ‘Employer’s Agent’.
PRECEDENTS
1 Attendees: [Insert name of director/head of function] [Insert name of in-house lawyer] [List any additional attendees] 2 Agenda Topic Required information Action owner Introduction Outline of purpose of meeting:—to understand all the different procurement processes used in the organisation;—to understand the ways in which contracts are managed across the organisation;—to understand how the legal department can best support the organisation’s
PRACTICE NOTES
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. Key contract cases for 2016—what do you need to know? The year 2016 has seen a number of issues considered in the Court of Appeal and the Supreme Court on some key areas of contract dispute. In this review of 2016, we consider: • the end of anti-oral variation clauses? (Globe Motors, Rock Advertising)—see below • creating contracts by conduct (Reveille v Anotech)—see below • when contracts must come to an end (MSC Mediterranean v Cottonex)—see below • limiting and excluding liability (Transocean Drilling, Star Polaris, Impact Funding, Nobahar-Cookson)—see below • when are Wrotham Park damages available? (One Step v Morris-Garner)—see below • damages for deceit (OMV Petrom v Glencore)—see below The end of anti-oral variation clauses? (Globe
PRACTICE NOTES
This Practice Note examines the jurisdiction of the employment tribunal to hear claims for breach of contract under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (ET Extension of Jurisdiction Order 1994), SI 1994/1623. It considers claims for unpaid wages, the limits on the employment tribunal’s jurisdiction (including the exclusion of personal injury claims, intellectual property claims and restrictive covenant claims), the implications of those limits where the employee’s losses exceed £25,000, time limits, breach of contract claims by employers and the factors to consider when deciding whether to bring a breach of contract claim in the employment tribunal or in the civil courts. Finally, it includes details of proposals for reform of employment law hearing structures. For guidance on: • unlawful deduction from wages claims, see Practice Note: Deductions from wages • the legal and practical issues to consider when deciding whether an employee should bring a claim for unlawful deduction from wages or a claim for breach of contract, see the section of Practice Note: Deductions from wages—Whether to bring an unlawful
PRECEDENTS
[Insert commercial sensitivity status, eg ‘confidential’, ‘privileged and confidential’, ‘restricted’, etc] For internal use only: not to send externally This document is a summary of the main terms of the contract for quick reference only. Do not use it as a basis for making business or legal decisions without checking the terms of the underlying contract and consulting with [insert contract owner or relevant team, eg Legal Department]. Internal overview Contract reference: [Insert contract reference] Title of contract: [Insert contract title] Date: [Insert contract date] Description: [Insert description of contract] Internal business customer and department: [Insert name of internal business customer and department][Insert contact details of internal business customer] Contract manager: [Insert name of contract manager][Insert contact details of contract manager] Contract value: [Insert value of contract] Approval required: [yes OR no] [Insert
PRACTICE NOTES
ARCHIVED: This archived Practice Note sets out illustrative decisions in contractual dispute claims from 1 January 2024 to 31 December 2025. For further information on illustrative and key decisions in contractual dispute claims from 1 January 2026 onwards, see Practice Note: Contract disputes—illustrative decisions (2026). The general principles applicable in contractual dispute cases pertaining to formation, interpretation and remedies for breach are relatively well established, see: • Forming enforceable contracts—overview • Contract interpretation—overview • Terminating contracts—how and when a contract ends—overview • Contractual breach damages and remedies—overview • Transferring contracts and rights of third parties—overview And, while it is critical that each case is analysed on its own merits and its own unique set of factual and legal circumstances, it is of use to understand the operation of the key legal principles in their factual context. This Practice Note therefore includes some of the more illustrative decisions in the field of contractual disputes. The decisions listed below are those dating from 1 January 2024 onwards (earlier key decisions are included elsewhere within
PRACTICE NOTES
The general principles applicable in contractual dispute cases pertaining to formation, interpretation and remedies for breach are relatively well established, see: • Forming enforceable contracts—overview • Contract interpretation—overview • Terminating contracts—how and when a contract ends—overview • Contractual breach damages and remedies—overview • Transferring contracts and rights of third parties—overview And, while it is critical that each case is analysed on its own merits and its own unique set of factual and legal circumstances, it is of use to understand the operation of the key legal principles in their factual context. This Practice Note therefore includes some of the more illustrative decisions in the field of contractual disputes. The decisions listed below are those dating from 1 January 2026 onwards (earlier key decisions are included elsewhere within the guidance in the above subtopics, including in Practice Notes: Contract disputes—key and illustrative decisions (2020–2023) [Archived] and Contract disputes—illustrative decisions (2024–2025) [Archived]). We do not include every decision but only those from which interesting points of illustration arise. The decisions listed below include full links to the