Refine By
Clear all filter
About 7129 results for "contract"
NEWS
Law360, London: Uber told the UK Supreme Court on 2 July 2025 that private hire vehicle (PHV) operators outside London needed to contract with passengers to provide a taxi service, in a case with wide implications for the agency model.
Q&As
In some situations a claimant in a breach of contract and negligence claim can obtain damages for loss of reputation. However, the answer very much depends on the circumstances of the case. Damages for loss of reputation in tort The most obvious cases where a claimant will seek damages for loss of reputation is for the tort of defamation and malicious falsehood. General damages in defamation cases are awarded to compensate the claimant for the damage to his reputation, to vindicate his good name ('to nail the lie') and to compensate him for any distress, hurt and humiliation that the defamatory publication caused. You may find it useful to refer to our Practice Note: Defamation in relation to this. In very limited circumstances (outside those noted above) damages for loss of reputation in tort are available. However, there appears to be no reported case (outside defamation and breach of confidence) in which a tort
Q&As
This Q&A assumes that the contract to be terminated is between businesses (B2B). For guidance on considerations on the termination of B2C contracts, see Practice Note: Termination and expiry of contracts, in particular section: Termination of business-to-consumer contracts. We are not aware of any equitable principle or case law that specifically takes into account unforeseen circumstances in exercising a right to terminate. Rights to terminate a contract may arise in a variety of circumstances and require exercise in different ways. For example, the right of an innocent party to terminate at common law may arise on the repudiatory breach of the other party. This right may be lost by election or waiver if the innocent party affirms the breach (eg by delaying the exercise of their right
PRACTICE NOTES
This Practice Note is a ‘how to’ guide on preparing contracts to cover unforeseen events which signposts relevant content. It includes links to potentially relevant issues, including clauses dealing with force majeure, and other commercial and practical considerations. Where an unforeseen event has made a contract impossible to perform, or the obligations under a contract have been transformed into something radically different, it may be frustrated, thereby bringing the contract to an end and releasing both parties from any further performance obligations. However, the common law doctrine of frustration has a very narrow application. For more information, see Practice Note: Discharge by frustration. Parties will commonly agree contractual terms to cover the possibility of unforeseen events. For further guidance with links to more detailed content, see Practice Note: Drafting for unforeseen events—commercial contracts. See also: Contract risk management clauses—checklist for key clauses for managing contract risks, generally. Clauses to consider Force majeure Typically, the most obvious contractual provision when drafting to cover unforeseen events is a force majeure clause. There is no legal
Q&As
The concept of continuous employment, as set out in Part XIV of the Employment Rights Act 1996 (ERA 1996) and the Employment Protection (Continuity of Employment) Regulations 1996, SI 1996/3147 is a purely statutory one. Since there is nothing in ERA 1996, s 203(2)(e) or section 18(1)(d) of the Employment Tribunals Act 1996 to permit it, parties can neither contract out of nor into continuity of service for the purposes of claims brought under ERA 1996, such as unfair dismissal and redundancy payment entitlement, for which continuity of employment is a factor (Collison v BBC). Where
Q&As
The JCT Design and Build Contract 2011 (and 2016) provide for the employer to appoint an employer’s agent to act on its behalf under the contract. The employer’s agent is the person named in Article 3 ‘or such other person as the employer nominates in his place’. Accordingly, as a starting point, it is worth considering whether a person not named in Article 3 has nonetheless been nominated by the employer. You may find the case of Volkerlaser v Nottingham CC relevant. In that case, Faithful + Gould had been retained by the ‘Client Representative’
PRECEDENTS
[insert name] [of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert registered office address] OR Dear [insert name of counterparty] [As a result of [insert details if necessary/desired], ] [I OR we] hereby give you notice, in accordance with section 136 of the Law of Property
Q&As
Omissions are a category of variation. Although most building contracts will contain provisions giving the employer the power to vary the works instructed under the contract, whether an employer can use the variation provisions to instruct any omissions from the original work will depend on the wording of the contract. For more about variations generally, see Practice Note: What is a variation on a construction project?. Sometimes, variation provisions in a building contract will expressly permit the employer to instruct the contractor to omit part of the works but this is not very common. Where a building contract does permit the employer to use the variation provisions to omit works, the extent of its right to do so will depend on the terms of that particular building contract. A right to omit work will not be implied in any variation clause—it must be expressly set out in the contract, where it is not, any omission of work will be a breach of contract
Q&As
In order for an employee to be eligible to be granted an enterprise management incentives (EMI) option, it is a statutory requirement that the average amount per week of the employee‘s committed time must equal or exceed: • 25 hours a week (regardless of any other economic activity they also undertake), or • if less, 75% of their working time For full details of these tests and how ‘committed time’ and ‘working time’ are determined, see Practice Note: EMI—what makes an employee eligible?—Working time requirement. In summary, ’committed time’ means the time the employee is required to spend working as an employee on the business of the company or the group (as applicable). On the basis that a zero hours contract does not require the employee to spend
NEWS
Construction analysis: The Technology and Construction Court (TCC) held that, in relation to works that were carried out without a formal contract in place, the contractor took longer than the reasonable time for delivering a service required under section14 of the Supply of Goods and Services Act 1982 (SGSA 1982), after incurring delays due to site conditions. The site conditions were discovered after the contractor had finalised its design for installing a new telecommunications mast and it had finalised these designs without carrying out a full geotechnical survey. Having adjudged that the contractor was responsible for the delays, the judge also held that the developer was entitled to recover some of its project financing costs and additional project management costs that it incurred as a result of the delays and that the contractor had tried to argue were too remote to be recoverable.
PRECEDENTS
Signed by [insert name of director or other authorised signatory] for and on behalf of [insert name of company] .................................................[signature of director or other authorised signatory][Director OR Authorised signatory] Option 2—contract executed by a company under its common seal (model articles, where the authorised signatory is an individual) Executed by [insert name of company] by affixing its common seal and by the signature of [insert name of
Q&As
This Q&A assumes that the question relates to a business-to-business contract in a general commercial context. Contracts can be formed orally, by conduct or ‘under hand’ (in writing). There are certain situations when a written contract is required by law or is necessary to satisfy registration requirements. For more information, see Practice Note: Contracts required to be in writing. A certified copy is an accurate, complete and current copy (usually a photocopy) of an original document and, as such, is a form of secondary evidence, where it is not practical