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FSA publishes guidance for businesses to avoid unfair contract terms

6 February 2012 | Simon Weinberg

The Financial Services Authority (the FSA - the financial services regulator in the UK) has issued guidance on the Unfair Terms in Consumer Contracts Regulations 1999, which are intended to limit unfair...

Tags on this discussion: commercial agreement Commercial contract commercial contracts consumer contract consumer contracts contract contract law contracts contractual terms financial services Financial Services Authority financial services regulator FSA FSA investigation Office of Fair Trading OFT OFT investigation unfair consumer terms unfair contractual terms unfair terms Unfair Terms in Consumer Contracts Regulations unfair terms in consumer contracts regulations 1999

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

14 December 2011 | Paul Gershlick

The European Commission is investigating whether Apple’s arrangements with book publishers for the sale of e-books amount to anti-competitive agreements contrary to Article 101 of the Treaty on the Functioning...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach of competition law commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition law contract contracts EC Treaty EU EU law European Commission European Union law fine On-line Online online content online shopping online trading price price fixing publish publishers publishing resale price resale price maintenance RPM supply agreement supply agreements supply contract supply contracts TFEU Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void web web site web site content web sites Website website content websites

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 entitled to commission even if completion did not take place Foxtons v O’Reardon, High Court

30 November 2011 | Paul Gershlick

Foxtons were sole agents for O’Reardon in respect of the sale of a £2.5m property. Foxtons introduced a purchaser. O’Reardon and the purchaser exchanged contracts for the sale, but the purchaser pulled...

Tags on this discussion: agreement commercial commercial agreement commercial agreements Commercial contract commercial contracts commission Estate Agent estate agents Estate Agents Act Estate Agents Act 1979 High Court

OFT investigates pharma sector patent settlement agreements

25 November 2011 | Paul Gershlick

The Office of Fair Trading has announced that it is investigating patent litigation agreements relating to paroxetine. Paroxetine is a medicine used in the treatment of disorders such as depression and...

Tags on this discussion: agreement agreements anti-competition anti-competitive Article 101 Article 102 breach of competition law Chapter I Prohibition Chapter II Prohibition commercial commercial agreement commercial agreements commercial law Competition Act Competition Act 1998 competition law competition law breach EC Treaty generic generic drugs generics Intellectual property intellectual property rights IP IPR Office of Fair Trading OFT patent patent law patent settlement Patents pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical market pharmaceutical patents pharmaceutical products pharmaceutical sector Restriction Restrictions restrictive TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union

Supreme Court says business common sense rule can be used to give most appropriate business common sense meaning and not just when one interpretation would give irrational result – Rainy Sky v Kookmin Bank, Supreme Court

18 November 2011 | Paul Gershlick

Six companies had agreed to buy a ship from a shipbuilder in instalments. The buyer had agreed to do so in return for the builder providing a bank guarantee to repay those sums if the construction did...

Tags on this discussion: agreement agreements ambiguous commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law Construction contract contracts Court of Appeal High Court interpret interpretation interpretation of contract Supreme Court unambiguous

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

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Latest news and views tagged commercial agreement

FSA publishes guidance for businesses to avoid unfair contract terms

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

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 entitled to commission even if completion did not take place Foxtons v O’Reardon, High Court

OFT investigates pharma sector patent settlement agreements

Supreme Court says business common sense rule can be used to give most appropriate business common sense meaning and not just when one interpretation would give irrational result – Rainy Sky v Kookmin Bank, Supreme Court

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

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