A contract for the sale of land, or of any interest in land, is void unless it complies with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). It must: • be in writing • contain or incorporate all of the terms

Key legislation A defective product claim based on a breach of contract can be more straightforward than a claim brought in negligence. This is because the claimant will just need to prove that the product is not of a satisfactory quality or fit for its purpose. It is unnecessary for the claimant to prove fault on behalf of the seller or anyone else. However, generally speaking, a claimant will need to be a party to the contract to sue for a breach of an express or implied term of the contract. The Consumer Rights Act 2015 (CRA 2015) came into force on 1 October 2015. CRA 2015 sets out consumer rights and remedies for the sale of goods and supply of digital goods and services on or after 1 October 2015. For personal injury practitioners, the important provisions relate to contracts for the sale of goods and those for the provision of services. For contracts entered into before 1 October 2015, there were separate Acts covering contracts for the sale of goods and those for the

All employees are under a duty of fidelity to their employer, also known as the duty of good faith, or of loyalty. Fidelity is a broad concept containing a number of more specific duties, some of which overlap both with each other and with the duty of trust and confidence: • to behave honestly—the duty of fidelity requires that an employee is honest in their dealings with their employer • not to work in competition—employees may not work for a competitor organisation (including one they have set up) during their employment • not to make a secret profit—employees must not make secret profit, and must give to their employer any money that they do make • to disclose information—as with money, so all information created in the course of employment must be passed to the employer • not to misuse confidential information—any

An illustrative mark—up highlighting the amendments that we make to the Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPCs) in Precedent: Contract for sale—freehold vacant possession conditional on planning incorporating the Standard Commercial Property Conditions (Third Edition) is available

Property analysis: Can a contract for the sale of land still be valid when it is signed by one of the two joint purchasers on the other’s behalf without the latter authorising the signature or subsequently ratifying the contract? Henry Webb, of Selborne Chambers, explains the Court of Appeal's approach in Marlbray v Laditi.

In these circumstances the contract can usually be modified without a new procurement procedure if the only change is a change of name of the contractor but not legal entity. A check should be carried out to ensure that the legal entity

This Q&A assumes that the question concerns a business-to-business general commercial contract. Some contracts include a contractual right for one or both parties to terminate the contract early for their own convenience (ie without cause or breach), on notice to the other party. It will be a matter of construction of the contractual language whether the contract is one which can be terminated at the end of the period by notice given during that period, or whether it can only be determined after expiry of the fixed term by notice given after expiry of that fixed period. Careful attention should be paid to the requirements of any notices clause to ensure that a termination notice is served properly and within any applicable time periods. The courts require strict compliance with the requirements of notice clauses. Ascertaining what those requirements are will depend on the construction of the contractual

What does the contract provide? We would initially suggest that you review the contract and consider what provisions it specifically makes concerning the payment, nature and forfeiture of a deposit. The specific terms may offer the customer an opportunity to secure a refund. If there is no specific contractual term securing the refund for the customer, an ambiguity in the contract drafting may also offer the customer an opportunity to negotiate its return. See: Formation and interpretation—overview for Practice Notes that offer guidance as to how the terms of a contract should be interpreted and construed. However, if the contract clearly provides that the deposit paid by the customer is non-refundable in any situation, then in determining whether the customer has any options to secure its return despite the specific contractual provision to the contrary, then the enforceability of the contract provision could be scrutinised from a number of different angles. Is

This Practice Note provides an overview of some of the more illustrative Scottish court decisions in the area of contractual disputes. Although it is critical to analyse each case on its own unique set of factual and legal circumstances, it is useful to understand the operation of the key legal principles in their factual context. For guidance on the well-established general principles applicable in contractual dispute cases pertaining to interpretation and remedies for breach, see our E&W guidance: • Contract interpretation—overview • Contractual breach damages and remedies—overview For information on other aspects of Scottish civil litigation, see our topic: Scottish dispute resolution, which links through to more detailed guidance. Case details and analysis Nature of dispute Judgment/key issues considered BPL Contracts (Scotland) Ltd v Beattie FRC Ltd 6 March 2026Court of Session, Outer House[2026] CSOH 22 This action arose out of the Aberdeen Harbour expansion works. The defender was the main contractor and the pursuer was engaged in relation to two works: the Crown Wall works and

This Q&A covers the approach to damages in cases of acceptance of repudiatory breach where the contract contains mutual termination on notice provisions. It focuses on damages which may be recovered for breach of contract. Case study Party A and Party B entered into a contract which contained a clause allowing for mutual termination of the contract after a specified period by the service of a notice by one party (such termination being exercisable at will). However, Party A has committed a repudiatory breach of contract. Party B accepts the breach, thus having the effect of terminating the contract with immediate effect. Party B now wishes to claim damages for the breach of contract. Is Party B entitled to claim damages for loss of the chance of the

In answering this Q&A, we have limited our research to cover only the issue of enforceability arising from signature and assume all arrangements relating the completion by counterparts have been satisfied. We have also assumed that the signature of each party has been incorrectly applied next to the execution block of the other, and that they are not attempting to sign on the other’s behalf. In conducting our research, we have focussed on the validity of signature of a simple form contract not the subject matter of the agreement itself and whether there are prescribed

In terms of any contractual breach and resultant claim, this will depend on a variety of factors including the identity of the parties to and terms of the contract. For generic contract