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Court construes ‘on completion of this agreement’ to mean completing what needed to be done rather than on signing – Lord Mayor of Westminster v Urban Wimax, High Court

10 June 2010 | Paul Gershlick

This case surrounded a dispute over the words ‘on completion of this agreement’ in a contract for the supply by Urban of the Wimax wireless network for Westminster. Under the agreement, there were...

Tags on this discussion: breach of contract Construction contract contract law contracts High Court interpret interpretation Wimax

Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

10 June 2010 | Mark Weston

Durham Airport had an agreement with BMIBaby. The Airport agreed to provide substantial funding to support the Airline being at the Airport. In return, the Airline agreed to have two aircraft based operations...

Tags on this discussion: breach of contract contract contract law contracts Court of Appeal damages implied term unenforceable

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

14 May 2010 | Mark Weston

Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...

Tags on this discussion: breach breach of contract contract contract law contracts damages exclusion of liability fit for purpose IT limitation on liability loss of goodwill loss of profits reasonable reasonableness sale of goods sale of goods act satisfactory quality Software supply of goods and services act term termination Terms & conditions UCTA unenforceable unfair contract terms act warranty

Franchisor liable for negligent advice to franchisee despite disclaimers and exclusions of liability – MGB Printing v Kall Kwik, High Court

20 April 2010 | Mark Weston

This case concerned MGB’s purchase of one of Kall Kwik’s existing printing services franchises. In doing so, MGB asked Kall Kwik about the cost of re-fitting, which Kall Kwik advised that it should...

Tags on this discussion: breach of contract contract contract law contracts disclaimer exclusion of liability franchise agreement franchisee Franchising franchisor High Court loss loss of profits negligence tort

Account of profits sometimes claimable as remedy for breach of confidentiality and sometimes not, depending on the nature of the duty – Vercoe v Rutland, High Court

25 March 2010 | Paul Gershlick

V&P had approached R about a possible acquisition of a company called H&T. V&P and R had entered into a confidentiality agreement about this. In breach of that agreement, R bought H&T without...

Tags on this discussion: account of profits breach breach of contract confidential information confidentiality contract contract law contracts damages fiduciary duty Intellectual property intellectual property rights Mergers and acquisitions tort

Getting termination notice wrong meant innocent party could not claim for its US$15m losses – Shell v Dana Gas, High Court

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

Honest belief of something means party could not be deemed to have made fraudulent misrepresentation – FoodCo v Henry Boot, High Court

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

Supreme Court rules that there was a contract despite no signing of written contract that required itself to be signed – RTS v Mueller, Supreme Court

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

Pink Floyd stops sales of single tracks online

12 March 2010 | Paul Gershlick

Pink Floyd, the rock band, has won a High Court order to stop its tracks being unbundled and sold as singles. It was seeking to stop the sale of individual tracks such as ‘The Wall’ online, so as to...

Tags on this discussion: breach of contract contract contracts copyright copyright infringement High Court Intellectual property intellectual property rights unbundling

Confirmation that change in economic circumstances does not entitle party to treat contract as ‘frustrated’ – Gold v BDW Trading, High Court

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

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Latest news and views tagged breach of contract

Court construes ‘on completion of this agreement’ to mean completing what needed to be done rather than on signing – Lord Mayor of Westminster v Urban Wimax, High Court

Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

Franchisor liable for negligent advice to franchisee despite disclaimers and exclusions of liability – MGB Printing v Kall Kwik, High Court

Account of profits sometimes claimable as remedy for breach of confidentiality and sometimes not, depending on the nature of the duty – Vercoe v Rutland, High Court

Getting termination notice wrong meant innocent party could not claim for its US$15m losses – Shell v Dana Gas, High Court

Honest belief of something means party could not be deemed to have made fraudulent misrepresentation – FoodCo v Henry Boot, High Court

Supreme Court rules that there was a contract despite no signing of written contract that required itself to be signed – RTS v Mueller, Supreme Court

Pink Floyd stops sales of single tracks online

Confirmation that change in economic circumstances does not entitle party to treat contract as ‘frustrated’ – Gold v BDW Trading, High Court

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