Fulfilment of an obligation or condition of a contract.

Arbitration analysis: This case involved two applications before the court—an application for a stay for arbitration, and an application for an anti-arbitration injunction. The case is unusual in that it concerned two reinsurance contracts covering the same risk, period and parties, agreed only eight days apart. The first contract specified English law as the substantive law and contained an English courts’ exclusive jurisdiction clause. The second contract applied New York law, and contained a New York arbitration clause. The defendant, Partner Reinsurance, sought a mandatory stay for arbitration. The claimant, Tyson, sought an anti-arbitration injunction in respect of arbitration proceedings that had been commenced in New York some six months earlier. The court held that the parties had agreed as a matter of contract that the New York arbitration clause replaced the English jurisdiction clause, and there was therefore no basis for granting an injunction, and that in any event, the application came too late. Written by Brandon Malone, advocate, barrister and arbitrator at Quadrant Chambers and Arbitra International.

The Low Carbon Contracts Company (LCCC) has clarified that where the National Energy System Operator’s (NESO) Grid Connection Reform programme causes a delay to a project, the event is capable of constituting a grid delay for the purposes of a Contracts for Difference (CfD) contract. LCCC states that generators may apply for extensions to contractual dates affected by the reform programme where they can demonstrate that CfD tasks required to be completed by the relevant contract date cannot be completed due to the impact of the reform. Any application for contractual relief must satisfy all relevant contractual requirements, including the requirement for the generator and its representatives to use reasonable endeavours to mitigate the effects of the delay.

Under section 5 of the Limitation Act 1980, an action on a contract must be brought within six years from the date of accrual of the action; and 12 years if it is a deed. For more information on the principal limitation periods, see Practice Note: Limitation Act

This flowchart sets out the process under the FIDIC Red, Yellow and Silver Books, 1999 editions, for defects under: • clause 7.5, where any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the Contract and the Employer rejects the affected

Doctrine of privity At common law, the doctrine of privity provides that only the parties to a contract may take the benefit of or be burdened by its provisions. The Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999)

A service occupancy is a form of licence that arises where: • is an express term of the employee's contract of employment that they live in a particular residence from where they can better perform their duties, or • if there is no such express

See our Practice Note: Mortgages and land—enforcement of mortgages and legal charges over land from which you will note that: 'A legal mortgagee has a right to sell the property, free from the mortgagor’s interest. However, this statutory power can be limited by contract, although most modern mortgages often include an express power, which modifies and extends the statutory

A company can execute a document in a number of ways. Our precedent: Execution clause—company—contract provides examples of different methods of executing documents by a company. See also Practice Note: Executing deeds and simple contracts for details on how companies

To (the landlord) Take notice that we, the requisite majority of qualifying tenants of the constituent flats in [premises], hereby elect that the contract by which you disposed of the premises shall have effect as if entered into not with [the purchaser], but with [AB, insert person(s)] nominated by us. AB is prepared to fulfil

Closing language If you have any queries regarding this notice, please contact [insert name and role with contact details]. We hereby reserve, unconditionally and in full, all of our rights in respect of the Agreement, whether arising under contract law or otherwise, including all claims and remedies pursuant to the Agreement

Dispute Resolution analysis: The High Court held that Tangent’s alternative unjust enrichment claim was barred by section 5 of the Limitation Act 1980. The court allowed Tangent to rely on failure of basis despite deficiencies in its pleading, but held that the claim accrued when it became objectively clear that the anticipated profit-share contract would not be concluded, not when development profits might later be realised. On the facts, the relevant point had been reached 8 April 2016 and the proceedings issued on 13 February 2024 were out of time. The judgment is significant on when time may start to run in unjust enrichment claims concerning professional or commercial services supplied in anticipation of a contract.