Refine By
Clear all filter
About 7129 results for "contract"
GLOSSARY
An exclusion in the Regulated Activities Order which enables a solicitor to avoid carrying on the regulated activity of arranging an investment.
GLOSSARY
A lock-out agreement prevents one or both of the parties from negotiating with anyone else on certain terms.
GLOSSARY
The contractually specified reason or event that allows the non-defaulting party to end the agreement.
GLOSSARY
Payment in full describes the complete discharge of a monetary obligation so that no further sums are owed under a contract, judgment, invoice, loan, tax assessment or other debt. In legal practice across England and Wales, Scotland, Northern Ireland and Ireland, it signifies that the debtor has satisfied the whole amount due, including (where applicable) interest, costs and contractual or statutory charges.The expression is primarily descriptive, used in contracts, settlement agreements, receipts, letters before action and court documents, rather than being defined in a single statute. Its legal effect is determined by general principles of contract, debt and, where relevant, accord and satisfaction or compromise of proceedings.Key issues for practitioners include: whether the sum tendered genuinely represents all sums due; whether “payment in full and final settlement” has been clearly agreed; interaction with part‑payment rules (e.g. Foakes v Beer–type principles in UK jurisdictions); and evidential questions, such as receipts or remittance advice marked “paid in full”.Usage is broadly consistent across the UK and Ireland, though terminology may interact with different procedural rules on enforcement, prescription/limitation and formal discharge of decrees or judgments.
GLOSSARY
A dispositive fact is a fact which, if accepted, decides a claim, defence or discrete issue, allowing the court or tribunal to dispose of the case or issue without needing to determine anything further. It is a descriptive expression rather than a defined term in UK or Irish legislation, though courts and practitioners use it alongside “determinative”, “issue‑determinative” or “material” fact.Dispositive facts are typically the “ultimate” facts in issue: for example, in negligence, the absence of a duty of care; on limitation, that the claim is time‑barred; in contract, that no contract was formed. They can be established by evidence, formal admissions or agreed facts, and align with the party’s legal burden of proof: a claimant must prove the dispositive facts of the cause of action; a defendant the dispositive facts of any affirmative defence.Identifying dispositive facts drives case strategy, pleadings, disclosure, and witness statements, and underpins applications for summary judgment or strike‑out (including summary decree in Scotland), or for determination of a preliminary issue. Usage and effect are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, although local procedural labels differ.
PRACTICE NOTES
This Practice Note comprises two elements intended to assist dispute resolution practitioners in keeping up to date with developments in case law that affect their practice area, or which impact civil litigation procedure generally: • selected forthcoming appeals to the Supreme Court are noted below; see Key forthcoming appeals to the Supreme Court—2022 • summaries of the key appeal cases in England and Wales (ie decisions of the Court of Appeal and Supreme Court and, where relevant, some judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have reported; see: Key forthcoming appeal cases—2022 This content can be browsed through the table of contents in the left margin. Alternatively, this tracker can be searched using [CTRL]+[F]. This content is not intended to provide an exhaustive list of all appeals or key decisions relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Topics Case name and date of appeal, where known Details of appeal Further information/reading Tort
GLOSSARY
A method of obtaining materials or craftsmen for projects and building work.
GLOSSARY
When a life policy is issued, ie the application has been accepted by the life company, the applicant is offered the opportunity to change his mind.
GLOSSARY
A contractually agreed limit on liability for non-performance of an agreement and a defence to the extent permitted by law.
GLOSSARY
The company or individual carrying out the construction or engineering works
GLOSSARY
Clickwrap involves clicking on a link on a website, usually displaying text such as I agree, or accepted.
GLOSSARY
A category of worker who is engaged by the employer for a temporary period of time.