Contract | The In-House Lawyer

Contractual certainty: does Court of Appeal decision signal new approach?

In Durham Tees Valley Airport LTD v BMI Baby Ltd & anor [2010], the Court of Appeal overturned a ruling that a contractual term was void for uncertainty and instead looked at the factual circumstances ... Read more

Variation of contractual terms

The modernisation of business practice dictates that companies need to adapt quickly to their business environments. As a result, parties to long-term contracts may need to change or modify their contractual rights for them to ... Read more

Supreme Court warns: agree first, start work later

there is a situation more common than most people would think, particularly in the construction industry whereby parties commence work under a letter of intent, pending the negotiation and execution of a full written contract, ... Read more

Jurisdiction clauses: clear and precise incorporation is needed

In a contractual dispute (or indeed any dispute), involving at least one party domiciled in an EU member state, the choice of jurisdiction will be governed by Brussels II (Council Regulation (EC) No 44/2001). This ... Read more

Remoteness of damage: Supershield brings commercial background to the fore

Supershield Ltd v Siemens Building Technologies FE Ltd [2010] takes us back to the nuts and bolts of contract law – to the question of remoteness of damage. A type of loss resulting from a ... 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

Contractual certainty: does Court of Appeal decision signal new approach? In Durham Tees Valley Airport LTD v BMI Baby Ltd & anor [2010], the Court of Appeal overturned a ruling that a contractual term was void for uncertainty and instead looked at the factual circumstances ... Read more	Variation of contractual terms The modernisation of business practice dictates that companies need to adapt quickly to their business environments. As a result, parties to long-term contracts may need to change or modify their contractual rights for them to ... Read more
Supreme Court warns: agree first, start work later there is a situation more common than most people would think, particularly in the construction industry whereby parties commence work under a letter of intent, pending the negotiation and execution of a full written contract, ... Read more	Jurisdiction clauses: clear and precise incorporation is needed In a contractual dispute (or indeed any dispute), involving at least one party domiciled in an EU member state, the choice of jurisdiction will be governed by Brussels II (Council Regulation (EC) No 44/2001). This ... Read more
Remoteness of damage: Supershield brings commercial background to the fore Supershield Ltd v Siemens Building Technologies FE Ltd [2010] takes us back to the nuts and bolts of contract law – to the question of remoteness of damage. A type of loss resulting from a ... 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
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