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European Commission sets out plans for 28th contract regime

31 October 2011 | Paul Gershlick

The European Commission has set out its plans for the 28th contract law regime. Rather than replace national contract laws, the 28th regime would work as an alternative to a Member State’s contract laws....

Tags on this discussion: B2B B2C business-to-business business-to-consumer commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law cross-border EU Europe European Commission European Council of Ministers European Parliament European Union Online

European Commission looks to introduce online arbitration process for cross-border business-to-consumer disputes

2 June 2011 | Paul Gershlick

The European Commission is looking to introduce a new online arbitration system for low value cross-border business-to-consumer disputes to save consumers having to go through the court process. This should...

Tags on this discussion: ADR alternative dispute resolution arbitration B2B B2C business business-to-business business-to-consumer commercial commercial law consumer consumer agreement consumer agreements consumer contract consumer contracts consumer law consumer laws consumers cross-border Cross-border mediation dispute Dispute Resolution e-commerce EU Europe European Commission European Union International On-line Online online content online shopping online trading

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

28 April 2011 | Paul Gershlick

As the economy remains in a rocky state, many businesses continue to suffer cash flow and insolvency issues. But suppliers need to continue to trade. So what should they do? At times such as these, a good...

Tags on this discussion: administration agreement agreements B2B business-to-business commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal express terms High Court Insolvency retention of title Romalpa sale of goods standard terms standard terms and conditions standard trading terms supplier supply supply agreement supply contract supply of goods terms Terms & conditions

Court of Appeal rules that entire agreement clause did not exclude liability for misrepresentation and exclusion of set-off was unenforceable – AXA v Campbell Martin, Court of Appeal

21 March 2011 | Mark Weston Comments Off

AXA appointed agents on its standard form contract to sell its financial products. The contract gave AXA rights to claw back commission if customers cancelled. AXA sought to enforce those provisions. The...

Tags on this discussion: agency agency agreement agency agreements agency contract agency contracts agreement agreements B2B business-to-business collateral warranty commercial agreement commercial agreements Commercial contract commercial contracts contract contracts Court of Appeal entire agreement entire agreement clause exclusion exclusion of liability fair fairness fraudulent misrepresentation High Court implied implied term interpret interpretation interpretation of contract misrepresentation negligent misrepresentation promise reasonable reasonableness set-off terms UCTA undertaking unenforceable unfair unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unreasonable

Government slams proposed EU 28th contract law regime as the Esperanto approach

2 March 2011 | Paul Gershlick

The Government has called a European Union proposal for an alternative voluntary new legal system for contract law as the Esperanto approach. This comment came in a response to a European Commission consultation...

Tags on this discussion: agreement agreements B2B B2C business-to-business business-to-consumer businesses commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract law contracts EU Europan Parliament Europe European Commission European Union Internet Online online content online trading single market web web site web sites Website website content websites

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

‘Terms and conditions available upon request’ would probably mean terms apply – Rooney v CSE, Court of Appeal

27 November 2010 | Mark Weston

Rooney owned an aircraft. CSE carried out servicing work on the aircraft. Rooney had a claim for negligent work. CSE argued that its liability was affected by what was in its terms and conditions. Rooney...

Tags on this discussion: agreement agreements B2B breach of contract breacj business-to-business commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal High Court incorporation incorporation of terms summary judgment supply supply agreement supply contract supply of service Terms & conditions

Government consults on EU proposals to change contract law

24 August 2010 | Mark Weston

The Government is consulting on European Union proposals to reform and harmonise contract law across the EU. The details of the EU’s suggestions were reported here: http://www.mablaw.com/2010/07/european-commission-consults-on-new-eu-wide-contract-law/....

Tags on this discussion: B2B B2C business-to-business business-to-consumer commercial agreement Commercial contract commercial contracts consultation contract contract law contracts cross-border Directive EU Europe European Commission European Union incorporation incorporation of terms Recommendation remedies rights validity

0.5% over base rate of interest is too low so statutory rate applies – Yuanda v WW Gear, High Court

16 June 2010 | Paul Gershlick | 2 comments

The parties entered into a construction contract which was based on the industry-standard JCT contract, but with some terms varied. Instead of interest on late payments applying at 5% above base rate as...

Tags on this discussion: B2B business-to-business contract contract law contracts High Court late payment substantial remedy unprofitable contract

Latest news and views tagged B2B

European Commission sets out plans for 28th contract regime

European Commission looks to introduce online arbitration process for cross-border business-to-consumer disputes

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

Court of Appeal rules that entire agreement clause did not exclude liability for misrepresentation and exclusion of set-off was unenforceable – AXA v Campbell Martin, Court of Appeal

Government slams proposed EU 28th contract law regime as the Esperanto approach

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

‘Terms and conditions available upon request’ would probably mean terms apply – Rooney v CSE, Court of Appeal

Government consults on EU proposals to change contract law

0.5% over base rate of interest is too low so statutory rate applies – Yuanda v WW Gear, High Court

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