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Reggae Reggae Sauce not developed in breach of contract – Anthony Bailey & Sylvester Williams v Keith Graham, Levi Roots’ Reggae Reggae Foods Ltd & Levi Roots’ Reggae Reggae Sauce Ltd, High Court

6 December 2011 | Simon Weinberg | 1 comment

Bailey and Williams issued proceedings against Graham (of Dragons’ Den fame under the pseudonym “Levi Roots”) in relation to his creation and marketing of “Reggae Reggae Jerk/BBQ Sauce” for breach...

Tags on this discussion: breach of agreement breach of confidence breach of contract commercial agreement Commercial contract commercial contracts confidence confidential confidentiality contract contract law contracts duty of confidence High Court jerk sauce Levi Roots oral contract Reggae Reggae Sauce

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

6 December 2011 | Simon Weinberg

In 2003, as a 17-year-old, Wayne Rooney (R) entered into an image-rights representation agreement with Proactive Sports Management Ltd (P). Under the agreement, R’s image rights, which he had vested...

Tags on this discussion: anti-competition anti-competitive bargaining power breach of contract commercial agreement Commercial contract commercial contracts commission agreement competition law competition regime contract contract law contracts Court of Appeal exploit image rights exploitation of image rights High Court image right image rights image rights agreement Intellectual property intellectual property rights IP legal advice legal representation primary occupation Proactive Proactive Sports Management restraint restraint of trade Rooney trade Wayne Rooney

Estate agent’s failure to explain “sole agency” term meant it did not get commission for sale introduced by another agent – Great Estates Group v Digby, Court of Appeal

25 November 2011 | Paul Gershlick

GEG was appointed by Digby as its “sole agent” for the sale of Digby’s property: During the sole agency period, Digby received an introduction for a purchaser through another agent, and Digby sold...

Tags on this discussion: agency agreement agreements breach breach of contract commission contract contracts Estate Agent estate agents Estate Agents (Provision of Information) Regulations Estate Agents (Provision of Information) Regulations 1991 Estate Agents Act Estate Agents Act 1979 sole agency

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

Court of Appeal orders rectification of a contract where one party unfairly took advantage of another’s failure to appreciate the meaning of one of the terms – Daventry District Council v Daventry & District Housing, Court of Appeal

8 November 2011 | Simon Weinberg

The two parties in this case had negotiated a contract which did not reflect the commercial agreement that had been reached in principle. The contract related to the purchase of council housing by Daventry...

Tags on this discussion: breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contract negotiation contracts contractual mistake council council house council housing housing councils court discretion Daventry Daventry District Council discretion discretionary remedy High Court Local Council mistake negotiation rectification rectified rectify remedy

Estate agents should make sure their agreements cover sale of shares by the vendor rather than just sale of the property or they will not get commission –Estafnous v London & Leeds Business Centres Ltd, Court of Appeal

3 November 2011 | Simon Weinberg

Mr Estafnous (E) and London & Leeds Business Centres (L) had entered into an agreement by which L was to sell a property to a purchase that was introduced to L by E. Under the agreement, L was to pay...

Tags on this discussion: beneficial title breach of contract commercial agreement commercial agreements Commercial contract commercial contracts commission commission agreement contract contract law Court of Appeal Estate Agent estate agents High Court holding company interpretation interpretation of contract legal title property sale property transaction sale of property sale of shares Share sale share transaction Terms & conditions

Jumping the gun and terminating for late performance before the contractual procedure allows leads to wrongdoer becoming the victim – Gesner v Bombardier, Court of Appeal

12 October 2011 | Simon Weinberg

Gesner contracted to buy an aeroplane from Bombardier. The contract provided that Gesner could invoke the termination clause if there was a 90 day period of non-excusable delay in delivery. The plane was...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract termination contracts Court of Appeal default fundamental breach High Court material material breach repudiatory breach serious breach terminate termination

Lack of specific consent amounted to game changer in targeted football fans sponsorship contract – Playup Interactive Entertainment v Givemefootball, High Court

13 September 2011 | Paul Gershlick

Givemefootball hosted the Professional Footballers’ Association’s website and ran the PFA Fans Awards, whereby football fans vote for their favourite players. Playup ran an interactive gaming business...

Tags on this discussion: agreement agreements breach breach of agreement breach of condition breach of contract breach of warranty commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consent contract contract breach contracts data database databases fundamental breach High Court marketing marketing campaign marketing communications material breach online marketing opt-in prior consent promotion promotions repudiatory breach serious breach sponsorship sponsorship agreement sponsorship contract Sport sport agreement sport contract target targeted test for repudiatory breach web web database web site web sites Website websites

WikiLeaks discovers confidentiality is important and sues Guardian for alleged breach

5 September 2011 | Simon Weinberg | 1 comment

WikiLeaks is suing The Guardian for an alleged breach of confidentiality. The website that came to the fore when it published secrets discovered from the US government, is now calling a practice that blows...

Tags on this discussion: agreement agreements breach breach of agreement breach of confidence breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law confidential confidential information confidentiality contract contract breach contracts fundamental breach material breach NDA non-disclosure agreement On-line Online online content privacy security breaches serious breach web web content web postings web site web site content web sites Website website content websites Whistleblower Whistleblowing

Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court

28 August 2011 | Mark Weston

Under a contract for publication of memoirs, Amanda Smith gave a warranty that her work did not contain anything libellous or otherwise unlawful. She was paid in advance for the work. However, prior to...

Tags on this discussion: breach breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts Fraud High Court libel libel issues libellous misrep misrepresentation negligence negligent privacy privacy concerns privacy issues publish publisher publishing

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Latest news and views tagged breach of contract

Reggae Reggae Sauce not developed in breach of contract – Anthony Bailey & Sylvester Williams v Keith Graham, Levi Roots’ Reggae Reggae Foods Ltd & Levi Roots’ Reggae Reggae Sauce Ltd, High Court

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

Estate agent’s failure to explain “sole agency” term meant it did not get commission for sale introduced by another agent – Great Estates Group v Digby, Court of Appeal

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

Court of Appeal orders rectification of a contract where one party unfairly took advantage of another’s failure to appreciate the meaning of one of the terms – Daventry District Council v Daventry & District Housing, Court of Appeal

Estate agents should make sure their agreements cover sale of shares by the vendor rather than just sale of the property or they will not get commission –Estafnous v London & Leeds Business Centres Ltd, Court of Appeal

Jumping the gun and terminating for late performance before the contractual procedure allows leads to wrongdoer becoming the victim – Gesner v Bombardier, Court of Appeal

Lack of specific consent amounted to game changer in targeted football fans sponsorship contract – Playup Interactive Entertainment v Givemefootball, High Court

WikiLeaks discovers confidentiality is important and sues Guardian for alleged breach

Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court

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