Contract


Hard Work is always rewarded? – Claiming Quantum Meruit

19 September 2019

‘Quantum Meruit’ may sound like the stage name of an American B-movie actor but is, in fact, an important legal doctrine. The Latin term quantum meruit translates as ‘what one has earned’. In English law a party may claim payment on a quantum meruit basis where they have undertaken work for which they consider they are entitled to payment but where there is no binding contract between the party performing the services and the party who obtains the benefit of the services

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Sit Up and Take Notice!

19 September 2019

Giving notice of a claim under a contract should be simple. But where contractual notice provisions apply, parties must be aware that any such notice must be given in accordance with those terms. The Court of Appeal’s decision in Stobart Group Ltd & Anor v William Stobart & Anor serves as a cautionary reminder of which all businesses should be cognisant.

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Under Duress – Avoiding a Contract

14 June 2019

“Sign the agreement or else those pictures of you and the Duchess might end up in the hands of the Daily Mail…”. The English courts have never been fond of blackmail and it is now well-established that a contract may be avoided on the grounds of duress, where one party exerts illegitimate pressure on another such that the other party has no practical alternative but to accede to their demands and enter into a contract.

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It is not just named parties that can sue under a contract…

18 March 2019

In Filatona Trading Ltd and another v Navigator Equities Ltd and others the Court held that an LCIA arbitral tribunal did not exceed the scope of its powers in ordering relief that was not available to an English court.

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Mind Your Words: Entire Agreement Clause fails to act as bar to misrepresentation claim

6 December 2018

On appeal to the High Court has held that an entire agreement clause that did not expressly exclude liability for misrepresentation was not effective in excluding misrepresentation claims.

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A strict interpretation

23 October 2018

The Bou Simon v BGC Brokers LP case proves a salient reminder of the strict approach the court will take when deciding whether to imply a term into a contract.

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Little faith to be had in implied terms of good faith

3 October 2018

In a decision which will be welcomed by lenders, the High Court held in Standish & Ors v The Royal Bank of Scotland plc & Sig Number 2 Ltd (formerly West Register Number 2 Ltd) (RBS and West Register) that there was no general equitable duty for mortgagors to act in good faith.

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Exclusion clauses, reasonableness and freedom of contract

27 July 2018

Following a fire at its premises, Goodlife Foods Limited (Goodlife) commenced proceedings against Hall Fire Protection Limited (Hall Fire) for breach of contract and/or negligence in the supply and installation of a fire suppression system. In its defence Hall Fire sought to rely on an exclusion of liability clause contained within its standard terms and […]

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Observe the formalities: the Supreme Court upholds anti-oral variation clauses

15 June 2018

In a judgment with potentially wide-reaching commercial ramifications, the Supreme Court in Rock Advertising Limited (Respondent) v MWB Business Exchange Centres Limited (Appellant) [2018] UKSC 24, has overturned the Court of Appeal’s decision by holding that a ‘No Oral Modification’ (NOM) clause was legally effective. In 2011, Rock Advertising Ltd (Rock Advertising) entered into a […]

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Notification clauses and the importance of being specific

17 May 2018

The Court of Appeal has sent out a warning to parties intending to pursue a breach of warranty claim in a recent decision highlighting the importance of contractual notification provisions. The court’s strict approach in Teoco UK Limited v (1) Aircom Jersey 4 Limited (2) Aircom Global Operations Limited is a reminder that where a […]

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