25 March 2010 | Paul Gershlick
For the last couple of years, the European Commission has been seeking to create a totally unified set of consumer laws across the European Union. The aim was to guarantee consumers wherever they were...
Tags on this discussion: consumer laws contract contract law contracts European Commission
24 March 2010 | Paul Gershlick
BMS had entered into two agreements with a licensee of its software – one for the licence and the other was a support and maintenance agreement. The licence agreement was for 10 years but subject to...
Tags on this discussion: IT agreement licence novation perpetual Software support and maintenance termination variation
18 March 2010 | Paul Gershlick
S and D entered into an agreement. Clause 3.1.8 said that if the closing date had not occurred within nine months, then S could terminate the contract by 30 days’ notice, but S would not get back its...
Tags on this discussion: breach of contract contract contract law contracts repudiation repudiatory breach termination
18 March 2010 | Mark Weston
HB commissioned a third party to provide a report on likely traffic and footfall at a new motorway service station. HB used that report to provide a brochure to attract tenants. The numbers turned out...
Tags on this discussion: breach of contract contract contract law contracts entire agreement clause exclusion of liability Fraud fraudulent misrepresentation High Court liability
17 March 2010 | Paul Gershlick
The Supreme Court has ruled that a contract was in force, despite the parties having not signed the relevant document and a clause within the document stating that it only came into force when the parties...
Tags on this discussion: breach of contract contract contract law contracts signing Supreme Court
16 March 2010 | Paul Gershlick |
The Office of Fair Trading is taking legal action against Ashbourne Management Services for AMS’s gym membership contracts that provided no opportunity for members to terminate before a minimum three...
Tags on this discussion: business-to-consumer Consumer Protection from Unfair Trading Regulations contract contract law contracts illegal Office of Fair Trading OFT unenforceable Unfair Terms in Consumer Contracts Regulations unlawful
12 March 2010 | Paul Gershlick
The parties entered into a contract for BDW to build a new property development on Gold’s land. Following the contract, the projected selling prices fell sharply because of the crash in property prices....
Tags on this discussion: breach of contract contract law contracts frustration High Court illegal property unlawful unprofitable contract
4 March 2010 | Paul Gershlick
The European Commission has proposed a new law spanning the European Union which would aim to increase cross-border trade. In 2008, only 7% of web site transaction were made cross-borders. Viviane Reding,...
Tags on this discussion: 28th regime B2C business-to-consumer contract contract law contracts cross-border European Commission
4 March 2010 | Paul Gershlick
The European Commission has signalled its intent to push forward with its proposed Consumer Rights Directive. Viviane Reding, the Justice, Fundamental Rights and Citizenship Commissioner, would like to...
Tags on this discussion: B2C business-to-consumer consumer laws contract contract law contracts European Commission faulty reject sale of goods