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Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal

18 November 2011 | Simon Weinberg

Oral contracts, where the parties do not sign a formal document, can exist. As with any contract, this is when the following four basic elements of a contract exist: an offer; acceptance of that...

Tags on this discussion: acceptance breach of contract commercial agreement commercial agreements Commercial contract commercial contracts consideration contract contract law contracts contractual notice County Court Court of Appeal create legal relations High Court intention to create legal relations legal relations notice of termination notice period offer oral agreement oral contract

European Commission consults on effectiveness of EU e-signature laws

28 February 2011 | Mark Weston

The European Commission has found another subject to mull over. It has announced that it is looking into whether the European Union laws on electronic signatures need an overhaul in order to reverse what...

Tags on this discussion: acceptance agreement B2B B2C business-to-business business-to-consumer commercial agreement commercial agreements Commercial contract commercial contracts consultation contract cross-border e-signature electronic communications electronic signature electronic signatures EU EU law European Commission European Union offer Online standard terms and conditions supply agreement Terms & conditions web web site web sites Website websites

Contract formed despite signatory’s statement that further formal contract would follow – Immingham Storage v Clear Plc, Court of Appeal

15 February 2011 | Mark Weston

C sent D a quotation for providing storage facilities, attaching C’s general storage conditions. The quotation referred to a formal contract to follow. D confirmed in writing a faxed agreement to proceed...

Tags on this discussion: acceptance agreement agreements B2B breach breach of contract business business-to-business businesses commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal damages e-mail e-mails email High Court loss of business offer quotation quote standard terms standard terms and conditions storage contract Terms & conditions

What is an ‘Offer’? – Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd, Court of Appeal

8 December 2010 | Simon Weinberg

The Court of Appeal has further assisted in the interpretation of what constitutes an ‘offer’ in terms of creating a contract by applying the test referred to in Chartbrook v Persimmon. For a contract...

Tags on this discussion: acceptance agreement breach breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contracts Court of Appeal formation of contract offer

Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, High Court

22 July 2010 | Paul Gershlick

This case surrounded the so-called battle of the forms. That is where each side refers to their own terms and conditions applying in their documents such as quotations, orders, order acknowledgements,...

Tags on this discussion: acceptance battle of the forms breach breach of contract commercial commercial agreement Commercial contract commercial law contract contract law contracts defect defective High Court order order acknowledgement quotation quote sale of goods act SOGA subcontract supply contract Terms & conditions unprofitable contract

Top 10 tips when negotiating an agreement for a web site or other business-critical IT

31 December 2009 | Paul Gershlick

I was recently asked to give my top 10 tips on negotiating an expensive web site based on my experience in drafting and negotiating IT agreements. Here they are. I must stress that they apply to the...

Tags on this discussion: acceptance delivery draft exclusivity fees hosting Intellectual property IP IT agreement licence liquidated damages maintenance negotiate payment terms price remedies source code specification testing web sites

Latest news and views tagged acceptance

Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal

European Commission consults on effectiveness of EU e-signature laws

Contract formed despite signatory’s statement that further formal contract would follow – Immingham Storage v Clear Plc, Court of Appeal

What is an ‘Offer’? – Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd, Court of Appeal

Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, High Court

Top 10 tips when negotiating an agreement for a web site or other business-critical IT

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