Articles on the Law of Contract
9th August: Case study analysis on Express and Implied Terms and the doctrine of Acceptance
| Article: Courts Have A Duty To Decide Whether A Term Is Unfair In Consumer Contracts Whether Or Not Consumers Ask The Court To Rule On That Issue – Pannon v Gyorfi, European Court Of Justice… (United Kingdom) | Aug 5 2009 |
| Summary: A Hungarian consumer entered into a mobile phone contract with Pannon. The terms of that contract provided that the court in Pannon’s locality – some 275 km away from where the consumer lived – would have exclusive jurisdiction over any disputes…. | |
| OUT_LAW: Emails and phone calls did not establish a contract, rules Court of Appeal A series of emails and phone calls were not sufficient to establish a contract, the Court of Appeal has ruled. The communications did not contain enough information or the formal qualities necessary for a contract to have been made, it said. |
Aug 3 2009 |
| Article: Commercial Purpose Beats Red Ink: Chartbrook Ltd v Persimmon Homes Ltd And Ors (2009) (United Kingdom) | Jul 29 2009 |
| Summary: Despite the apparently well established rule that when a court comes to construe a contract evidence of pre-contractual negotiations is inadmissible, commentators have suggested that the law in this area is in a state of flux…. | |
| Article: “The Amer Energy”: Views On “The Achilleas” And Remoteness Of Damage In Contract (United Kingdom) | Jul 23 2009 |
| Summary: The case Note Asm Shipping Ltd. of India v TTMI Ltd. of England (“The Amer Energy”) [2009] 1 Lloyd’s Rep 293 is of particular interest as one of the first to provide judicial consideration of the key decision in “The Achilleas” [2008] 2 Lloyd’s Rep…. | |
| Article: House Of Lords Reaffirms Status Of Pre-Contract Negotiations (United Kingdom) | Jul 16 2009 |
| Summary: The Lords recently heard the appeal case of Chartbrook Limited (“C”) v Persimmon Homes Limited and others (“P”) and considered, amongst other things, pre-contractual negotiations in the context of construing a contract…. | |
| Article: Effective Exclusion Clauses: Ensuring They Work – Excluding And Limiting Liability (United Kingdom) | Jul 15 2009 |
| Summary: Liability provisions are often the most contentious and heavily negotiated terms in commercial contracts and it is therefore important to ensure that they are drafted correctly…. | |
| Article: Securing Performance In Commercial Contracts – How To Ensure Contractual Performance (United Kingdom) | Jul 14 2009 |
| Summary: In contracting terms, we cannot always choose our perfect partners. Sometimes we go with the best that is on offer and sometimes we weigh the risks against the benefits and decide to take a chance…. | |
| Article: IFI Update, June 2009 – Part 2 (United Kingdom) | Jul 14 2009 |
| Summary: The Privy Council has discussed the basis on which a term will be implied into a contract or other instrument…. | |
| Article: IFI Update, June 2009 – Part 1 (United Kingdom) | Jul 14 2009 |
| Summary: The Privy Council has discussed the basis on which a term will be implied into a contract or other instrument…. | |
| Article: Costly Contracts And Problematic Punctuation (United Kingdom) | Jul 9 2009 |
| Summary: When you are trying hard to look after the pennies there can be few things worse than realising that your contract doesn’t mean quite what you thought it did…and that you might lose out as a… | |
| Article: Commodities Bulletin – June 2009 (United Kingdom) | Jul 1 2009 |
| Summary: In KG Bominflot Bunkergesellschaft mbh & Co KG v Petroplus Marketing AG (“The Mercini Lady”) (22 May 2009) the High Court has again considered “final and binding” clauses in the context of an FOB sale… | |
| Article: Guidance On Virtual Signing And Closing (United Kingdom) | Jun 22 2009 |
| Summary: In the current economic climate, where many logistics and transport professionals are seeking to reduce business travel that can be expensive and time consuming, in order to focus on operating more efficiently and effectively, we look at the latest guidance for lawyers from the Law Society1 on the best practice for executing logistics contracts and commercial agreements at a “virtual signing or… | |
| Article: Beware The Promise “To Procure”: The Risk Of Giving An Inadvertent Guarantee In English Law Contracts (European Union) | Jun 11 2009 |
| Summary: Two recent UK decisions have highlighted the risk of giving an inadvertent guarantee in a contract…. | |
| Article: Commodities Bulletin May, 2009 (United Kingdom) | Jun 1 2009 |
| Summary: The decision of the Court of Appeal in ED&F Man Commodity Advisers Limited v…. | |
| Article: What Constitutes Reasonable Notice To Terminate? (United Kingdom) | May 28 2009 |
| Summary: In an ideal world, no services would be provided or goods delivered until the relevant parties had entered into a written contract…. | |
| Article: Reading The Fine Print (United Kingdom) | May 18 2009 |
| Summary: In the current economic climate many port users are in survival mode which is putting extreme pressure on operators of ports and terminals to compete on price and service… | |
| Article: International Supply Contracts And Exclusion/Limitation Of Liability For Misrepresentation (United Kingdom) | May 18 2009 |
| Summary: A dispute arising from the leasing of two aircraft for use in India by a UK-based company has provided the Court of Appeal with an opportunity to clarify that section 3 of the Misrepresentation Act 1967 does not apply to international supply contracts for the purposes of the Unfair Contract Terms Act 1977 (“UCTA”)…. | |
| Article: Heads Of Terms – Key Issues To Consider (United Kingdom) | May 6 2009 |
| Summary: Your commercial negotiations have reached a certain stage. You now wish to record the main points and the basis on which you agree to proceed with the transaction in the form of Heads of Terms (also known as heads of agreement, memoranda of understanding, term sheets or letters of intent)…. | |
| Article: Crunch Proof Contracts – Successful Commercial Contracts In The Economic Downturn (United Kingdom) | Apr 14 2009 |
| Summary: Businesses can help themselves weather the current credit crunch by paying more careful attention to the negotiation and drafting of their commercial agreements…. | |
| Article: Crunch Proof Contracts – Successful Commercial Contracts In The Economic Downturn (United Kingdom) | Apr 8 2009 |
| Summary: Businesses can help themselves weather the current credit crunch by paying more careful attention to the negotiation and drafting of their commercial agreements…. | |
| Article: Retention Of Title Clauses: The Winner Takes It All (United Kingdom) | Mar 31 2009 |
| Summary: In the face of the current recession and mounting numbers of insolvencies, many purchasers and suppliers of goods will be paying extra attention to the terms of the contracts they are… | |
| Article: Rights And Obligations Of Parties Under An International Contract (United Kingdom) | Mar 19 2009 |