Litigation Notes
Tag: contract formation
Showing 24 out of 25 results
Court of Appeal holds SPA earn-out unenforceable as an agreement to agree
The Court of Appeal has rejected a seller's claim that he was entitled under a sale and purchase agreement ("SPA") to provide consultancy services to the …
Agreement expressed to be subject to board approval not binding until approval given
In a recent decision, the Commercial Court has considered whether an arbitration claim was settled in without prejudice correspondence between the …
Court of Appeal decision suggests courts will be slow to find contract terms void for uncertainty
The Court of Appeal has held that a provision in a franchise contract that allowed for the clawback of commission in certain circumstances was …
High Court decision underlines importance of knowing who you are contracting with
The High Court has recently found that a group of waste removal companies which provided services to a company that went into liquidation shortly …
High Court finds option agreement void for uncertainty where it left delivery dates to be agreed
The High Court has found that an option agreement for the purchase of oil tankers was void for uncertainty where it provided that the delivery date for …
Court of Appeal confirms subsequent communications can be relevant to determining whether a contract has been concluded
The Court of Appeal has held that the High Court was wrong to find that a contract had arguably been concluded during a telephone call following a …
Court of Appeal refuses to imply term where contract incomplete
The Court of Appeal has held, by a majority, that no binding agreement was reached between the seller of several flats and an estate agent, as the …
Commercial Court finds commitment letter unsigned by one party to be legally binding
The recent decision of the Commercial Court in Novus Aviation Limited v Alubaf Arab International Bank BSC(c) [2016] EWHC 1575 (Comm), serves as a …
Court of Appeal finds parties bound by unsigned agreement despite express term requiring execution by both parties
The Court of Appeal has upheld a decision of the Commercial Court which found that a party had accepted the terms of an agreement by its conduct, even …
Oral discussions resulted in non-binding heads of terms, not legally binding agreement
The High Court has found that no legally binding agreement was entered into in the course of oral discussions relating to the supply of certain …
When do you have a binding contract? It may be more (or less) often than you think
Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the …
An unsigned agreement can still bind the parties
The Commercial Court has ruled that a party had accepted the terms of an agreement by its conduct, even though it had not signed the agreement and the …
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