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High Court protects party owed a contractual duty of good faith – Horn v Commercial Acceptances Ltd, High Court

29 July 2011 | Paul Gershlick

Horn and CAL entered into a loan agreement. The loan arrangement envisaged that a property development would be financed with a first tier loan from CAL and a second tier loan from H. When the property...

Tags on this discussion: absolute faith agreement agreements breach breach of agreement breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts duty of absolute faith duty of good faith good faith property property development

Stairway to heaven? No, to court… – Keith Lowe & Ann Lowe v W Machell Joinery Ltd – Court of Appeal

28 July 2011 | Simon Weinberg

The Lowes had ordered a staircase from WMJL and paid for it, but on delivery they rejected the staircase, arguing that it did not comply with the specifications in the contract, and issued proceedings...

Tags on this discussion: breach of contract building Building Regulations commercial agreement Commercial contract commercial contracts contract contract law contracts contractual design contractual specification Court of Appeal design fit for purpose High Court rejection of goods satisfactory quality specification

Agent’s failure to name principal correctly does not mean agent can be sued – Knight Frank v Du Haney, Court of Appeal

27 July 2011 | Paul Gershlick

D was an agent for M. D engaged KF to be a surveyor to provide services for M. D always made clear that he was an agent and for M, but he mis-named M’s legal name when he signed a contract on M’s behalf....

Tags on this discussion: actual authority agency agent agreement agreements authorisation authority commercial commercial agent commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Estate Agent estate agents liability liable ostensible authority principal surveyor surveyors

Nylon and Barclays settle £250m investment dispute

25 July 2011 | Simon Weinberg

Nylon Capital was a hedge fund that was set up seven years ago, and Barclays made an initial capital investment of £250 million into funds under its management. The parties entered into an LLP agreement...

Tags on this discussion: banking banks Barclays breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts Court of Appeal fund fund management funds hedge hedge fund hedge fund investment hedge fund investments hedge funds High Court investment investments limited liability partnership Limited Liability Partnership agreement LLP LLP agreement LLP dispute settlement settlementagreement

NetTV decision over liability for deliberate repudiatory breach considered by High Court together with right of first refusal, whether rights are waived while negotiating following material breach and very narrow interpretation of limit on liability clause – AstraZeneca v Albemarle International, High Court

20 July 2011 | Paul Gershlick

When drafting a contract, parties often attempt to exclude or limit their liability by inserting a particular clause into the contract. Such a clause is known as an exclusion clause. Certain forms of exclusion...

Tags on this discussion: agreement agreements breach breach of agreement breach of contract clause commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consequential loss contra proferentem contract contract breach contract termination contracts damages direct loss exclusion clause exclusion of liability first refual fundamental breach heads of loss High Court indirect loss liability limitation limitation on liability loss loss of profits losses material breach NetTV pharma pharmaceutical remedies remedy repudiatory breach right of first refusal serious breach supply agreement supply agreements supply contract supply contracts terminate termination test for repudiatory breach waiver

Always incorporate your standard terms and conditions properly or face the consequences for failing to do so – SSL International & Anor v TTK LIG, High Court

14 July 2011 | Mark Weston

SSL entered into a joint venture with TTK, an Indian company, to supply goods. The joint venture was governed by Indian law. SSL attempted to incorporate its standard terms and conditions, which contained...

Tags on this discussion: breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts governing law High Court illegal incorporate incorporate terms and conditions incorporation of terms incorporation of terms and conditions joint venture joint venture agreement jurisdiction Sale of Goods Act 1979 service standard terms and conditions supply agreement Terms & conditions unlawful

Life on the edge fails – Future Publishing Ltd v The Edge Interactive Media Inc, High Court

10 July 2011 | Mark Weston

FP distributed a computer gaming magazine, called ‘Edge’, which had a distinctive logo for its title. One of the defendant companies owned ‘Edge’ trade marks for goods in class 16 (books, paper,...

Tags on this discussion: agreement agreements brand branding brands breach breach of agreement breach of contract coexistence agreement commercial agreement commercial agreements Commercial contract commercial contracts confusingly similar confusion contract contract breach contracts copyright copyright infringement fundamental breach goodwill High Court infringement Intellectual property intellectual property law intellectual property rights invalid IP IP infringement IP law likelihood of confusion misrepresentation registered trade mark repudiatory breach reputation trade mark trade mark infringement trade marks trademark trademark infringement trademarks

Campaign launched to prevent copyright infringement

8 July 2011 | Simon Weinberg

Creative Commons, a copyright group, has published a guide to help web users identify what pictures, music and videos they can post online without infringing copyright and risking enforcement action from...

Tags on this discussion: commercial agreement Commercial contract commercial contracts contract contract law contracts copyright copyright fair use copyright fair use defence copyright infringement copyright law copyright regime copyrighted copyrighted material fair use fair use defence Hargreaves Report Intellectual property intellectual property law intellectual property rights Internet IP licence license licensing agreement Online web web site web sites Website websites

‘All Reasonable Endeavours’ obligation not limited by commercial interests – Jet2.com Ltd v Blackpool Airport Ltd, High Court

7 July 2011 | Mark Weston

Parties often try to qualify their obligations under a contract by using ‘endeavours’ clauses, by which a party will need to use anything between ‘reasonable endeavours’ at the lower end of the...

Tags on this discussion: absolute obligation aeroplane agreement air travel airplane airport all reasonable all reasonable endeavours breach of agreement breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts endeavours est endeavours High Court illegal Jet2 Jet2.com obligation plane reasonable reasonable endeavours travel unlawful

Supplier must replace faulty goods that consumer installed even if cost of doing so is disproportionate to original supply – Weber v Wittmer, Putz v Medianess Electronics, European Court of Justice

6 July 2011 | Paul Gershlick

The European Union Directive on Certain Aspects of the Sale of Consumer Goods and Guarantees provides for consumers anywhere in the EU to have rights for goods to be repaired or replaced or have money...

Tags on this discussion: agreement agreements B2C breach breach of contract business business-to-consumer businesses CJEU commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consumer consumer right consumer rights consumers contract contract breach contracts Court of Justice of European Union Court of Justice of the European Union Directive disproportionate ECJ EU EU law European European Court of Justice European Union European Union law material breach refund remedy repair repairs replace sale of goods serious breach supply agreement supply agreements supply contract supply contracts supply of goods

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Latest news and views tagged Commercial contract

High Court protects party owed a contractual duty of good faith – Horn v Commercial Acceptances Ltd, High Court

Stairway to heaven? No, to court… – Keith Lowe & Ann Lowe v W Machell Joinery Ltd – Court of Appeal

Agent’s failure to name principal correctly does not mean agent can be sued – Knight Frank v Du Haney, Court of Appeal

Nylon and Barclays settle £250m investment dispute

Always incorporate your standard terms and conditions properly or face the consequences for failing to do so – SSL International & Anor v TTK LIG, High Court

Life on the edge fails – Future Publishing Ltd v The Edge Interactive Media Inc, High Court

Campaign launched to prevent copyright infringement

‘All Reasonable Endeavours’ obligation not limited by commercial interests – Jet2.com Ltd v Blackpool Airport Ltd, High Court

Supplier must replace faulty goods that consumer installed even if cost of doing so is disproportionate to original supply – Weber v Wittmer, Putz v Medianess Electronics, European Court of Justice

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