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Showing 288 out of 364 results
What does your contract mean? How the courts interpret contracts
All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in …
Court of Appeal considers limitations on the principle of business common sense as an aid to contractual interpretation
The recent Court of Appeal decision in Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd [2015] EWCA Civ 839 gives further guidance on the …
High Court finds multi-party LLP agreements cannot be terminated for repudiatory breach
In a case that will be of interest to those in the fund management industry and all other areas of business in which corporate structures regularly …
Court of Appeal considers incorporation of terms from framework agreements
Framework agreements are commonly used to facilitate similar transactions on consistent terms. In a recent decision, the Court of Appeal considered the …
Contractual damages: Supreme Court confirms overriding compensatory principle in case of one-off sale
In a recent judgment, the Supreme Court has confirmed that the overriding compensatory principle applies in the case of an anticipatory breach …
Court of Appeal clarifies approach to ordering rescission for misrepresentation
Where a party has entered into a contract as a result of a misrepresentation, the question often arises as to whether it can unwind, or "rescind", the …
High Court refuses to imply duty of good faith in relation to exercise of contractual right
In a decision earlier this year, the High Court refused to imply a duty of good faith in relation to a contractual right to amend a loan note instrument: …
Court of Appeal finds lender's avoided loss did not have to be taken into account in assessing damages due from negligent accountants
A majority of the Court of Appeal has held that damages payable to a lender by a firm of accountants should not be reduced to reflect a repayment by the …
Commercial Court finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens
The Commercial Court has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver clause does not preclude the …
Supreme Court re-emphasises importance of “natural meaning” in interpreting contracts
In interpreting a service charge provision in a number of long leases, the Supreme Court has concluded that arguments based on commercial common sense …
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 …
Party could not enforce contractual right to recover overpayments where established convention to charge on non-contractual basis
The High Court held that a social landlord was estopped from deducting overpayments it had made to a contractor, according to the contractual pricing and …
Showing 288 out of 364 results
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