Refine By
Clear all filter
About 7135 results for "contract"
Q&As
An employer may not make a deduction from the wages of any worker employed, or receive a payment from such a worker, unless: • it is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker's contract, or • the worker has previously signified in writing his agreement or consent to the making of it For further information, see Practice Note: Deductions from wages. Where
Q&As
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 apply to contracts between a trader and a consumer for the sale of goods, services and/or digital content, unless one of the exemptions applies. Exemptions from CCR 2013, SI 2013/3134 are set out in CCR 2013, SI 2013/3134, reg 6. For example, CCR 2013, SI 2013/3134 does not apply at all to a contract to the extent that it is: • for rental
Q&As
The answer to this question will be dictated by the precise terms of the contract. The position where the Standard Conditions of Sale (5th edition—2018 revision) have been used without amendment is set out in Practice Note: Completion monies—standard conditions of sale (5th edn—2018). This explains that under SC 6.7 the buyer is to pay the money due on completion by a direct transfer of cleared funds from an account
Q&As
Section 178 of the Insolvency Act 1986 (IA 1986) provides liquidators with the power to disclaim onerous property. This power is not limited to ‘insolvent’ liquidators and also applies to members' voluntary liquidations. IA 1986, s 178 defines ‘onerous property’ as any ‘unprofitable contract’ or ‘property of the company which is unsaleable or not readily saleable or is such that it may give rise to a liability to pay money or perform any other onerous act’. There is a
Q&As
As a matter of principle, the choice of jurisdiction is a matter for negotiation between the parties. The purpose of a jurisdiction clause The purpose of including a jurisdiction clause is to enable the parties to choose which courts will hear any disputes arising under the contract. It should be noted, however, that a jurisdiction agreement does not guarantee that one of the parties will not start proceedings in a court other
Q&As
For the purposes of this Q&A we have focused on the nature and extent of the provision of section 178 of the Housing Act 1985 (HA 1985) which applies to costs between the tenant and landlord where the tenant is exercising a right to buy or right to acquire. The purpose of HA 1985, s 178 is to disallow any term in a contract
Q&As
The answer to this query does not depend on the amount of notice being given, or who gives notice, but on the amount of notice that the employer is required (under the contract of employment) to give the employee. If the employee has been continuously employed for one month or more (which is certain to be the case for an employee who is on maternity leave), they will have the right to minimum rates of pay during the statutory period of notice,
Q&As
This Q&A assumes that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 apply in the mentioned scenario, such that the original contract of employment with the transferor automatically transfers to the transferee and has effect after the transfer as if originally made between the employee and the transferee (ie employment is treated as continuing). For relevant guidance in Lexis+ UK Employment, see Practice
Q&As
The clause in question should be considered to understand what the parties have expressly agreed and what its effect (or any failure to comply) is. See Practice Note: General rules of contract interpretation—summary and the content available in: Formation and interpretation—overview, which you may find useful in your research. An example of a clause that provides for parties to raise disputes in relation to invoices
Q&As
In principle, the variation of a (stamp duty) lease will be a stamp duty land tax (SDLT) transaction. This is on the basis that the effective date of the transaction is after the implementation date for SDLT, 1 December 2003, and is not pursuant to a contract entered into before 10 July 2003, the date on which the Finance Bill 2003 received Royal Assent. That the lease to be varied was granted before the implementation date does not change this conclusion. The transitional
PRACTICE NOTES
This Practice Note provides links to key precedents in Lexis+® UK Construction relating to the pre-2017 and 2017 editions of the FIDIC forms of contract. It covers forms of agreement and Particular Conditions, references of disputes to dispute adjudication boards (DABs) or dispute avoidance/adjudcation boards (DAABs) and notices of dissatisfaction with DAB or DAAB decisions. It also includes precedents for use where an issue arises concerning a DAB or DAAB or one of its members, including DAAB member objections and challenges
Q&As
Claims against vendor Establishing a claim in misrepresentation or negligent misstatement Replies to enquiries are contractual representations. Consequently, providing false or inaccurate information is a misrepresentation. A buyer who, relying upon misleading information, agrees to purchase a property but subsequently discovers the true position may have a claim against the seller, allowing the buyer to rescind the contract or to obtain damages from the seller. For information on what needs to be established and the remedies available for a claim in fraudulent,