Contract | The In-House Lawyer

Courts clarify law on anticipatory breach

There are times when one party to a contract will know that the other has no intention of performing, even though the time for performance has yet to expire. The courts have again recently confirmed ... Read more

High Court finds that ‘subject to contract’ banner does not necessarily prevent parties being bound

IN JIREHOUSE CAPITAL & ORS v BELLER & anor [2009] the parties were conducting settlement negotiations and although they had not expressly lifted the ‘subject to contract’ banner (in fact both sides used it fastidiously ... Read more

Understanding repudiatory breach

The basic principles of repudiatory breach are commonly misunderstood both in terms of the nature of this type of breach and its effect. Definitions of the term often refer to ‘immediate’ or ‘automatic’ termination. For ... Read more

Eyes wide shut? Inadmissibility of pre-contractual negotiations

Parties faced with an ambiguous contractual term, or indeed parties faced with what seems to be an unambiguous term not to their liking, often seek to rely on evidence of the factual background to support ... Read more

Waiving the right to reject: affirmation/estoppel by conduct

In Westbrook Resources Ltd v Globe Metallurgical Inc[2009] the seller, Westbrook Resources Ltd, entered into a contract for the sale to the buyer, Globe Metallurgical Inc, of 30,000 tonnes of manganese ore. The first shipment ... Read more

Will an exemption clause cover deliberately wrongful termination?

The Internet Broadcasting Corporation Ltd (NETTV) is in the business of constructing and providing interactive internet television platforms. The now defunct MAR LLC (MAR) provided information and services to hedge funds, and organised conferences for ... Read more

Implications of contractual termination clauses on common law rights

Contracts can be terminated both at common law and in reliance on specific contractual provisions. If a breach of contract deprives the innocent party of substantially the whole benefit of the contract (see Hong Kong ... Read more

Choice of law when none is chosen: the Rome I Regulation

The choice of governing law is often an issue for contracting parties who are either domiciled in different jurisdictions or where the performance of the contract is multi-jurisdictional.Rome I RegulationThe Rome I Regulation (Rome I) ... Read more

Courts clarify law on anticipatory breach There are times when one party to a contract will know that the other has no intention of performing, even though the time for performance has yet to expire. The courts have again recently confirmed ... Read more	High Court finds that ‘subject to contract’ banner does not necessarily prevent parties being bound IN JIREHOUSE CAPITAL & ORS v BELLER & anor [2009] the parties were conducting settlement negotiations and although they had not expressly lifted the ‘subject to contract’ banner (in fact both sides used it fastidiously ... Read more
Understanding repudiatory breach The basic principles of repudiatory breach are commonly misunderstood both in terms of the nature of this type of breach and its effect. Definitions of the term often refer to ‘immediate’ or ‘automatic’ termination. For ... Read more	Eyes wide shut? Inadmissibility of pre-contractual negotiations Parties faced with an ambiguous contractual term, or indeed parties faced with what seems to be an unambiguous term not to their liking, often seek to rely on evidence of the factual background to support ... Read more
Waiving the right to reject: affirmation/estoppel by conduct In Westbrook Resources Ltd v Globe Metallurgical Inc[2009] the seller, Westbrook Resources Ltd, entered into a contract for the sale to the buyer, Globe Metallurgical Inc, of 30,000 tonnes of manganese ore. The first shipment ... Read more	Will an exemption clause cover deliberately wrongful termination? The Internet Broadcasting Corporation Ltd (NETTV) is in the business of constructing and providing interactive internet television platforms. The now defunct MAR LLC (MAR) provided information and services to hedge funds, and organised conferences for ... Read more
Implications of contractual termination clauses on common law rights Contracts can be terminated both at common law and in reliance on specific contractual provisions. If a breach of contract deprives the innocent party of substantially the whole benefit of the contract (see Hong Kong ... Read more	Choice of law when none is chosen: the Rome I Regulation The choice of governing law is often an issue for contracting parties who are either domiciled in different jurisdictions or where the performance of the contract is multi-jurisdictional.Rome I RegulationThe Rome I Regulation (Rome I) ... Read more
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