contract law « Matthew Arnold & Baldwin LLP | Giving you a lot more than just law…|MAB

Latest input tagged contract law

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

Sports gear company discovered legal victory was in the pocket – Hudson Bay v Umbro, Court of Appeal

20 August 2010 | Paul Gershlick

This case surrounded two licences to make and sell Umbro’s football clothes in the US. One licence (to Dick’s) was for the exclusive sale of on-field sports clothing and the other (to Hudson Bay) was...

Tags on this discussion: actual authority agreement approval authorisation brand branding brands breach breach of contract commercial commercial agreement Commercial contract commercial law consent contract contract law contracts Court of Appeal High Court logo merchandise merchandising agreement ostensible authority Sport trade mark trade marks unauthorised

European Commission launches another consultation – this time on the reasons for not having more e-commerce trade

20 August 2010 | Mark Weston

The European Commission has launched its latest consultation. This time, it is asking all interested parties – including retailers, governments and consumers – for the reasons why e-commerce trade...

Tags on this discussion: B2C business-to-consumer contract contract law cross-border e-commerce E-Commerce Directive E-Commerce Regulations EU EU law Europe European Commission European Community European Union Online web site web sites Website

Not renegotiating a bad bargain did not constitute breach of duty of good faith – Gold Group Properties v BDW, High Court

17 August 2010 | Paul Gershlick

Gold had entered into an agreement with BDW (formerly Barratt Homes) to build some properties on Gold’s land. BDW would pay minimum fee per property and the parties would share revenue. The contract...

Tags on this discussion: agreement breach breach of contract commercial agreement Commercial contract contract contract law contracts duty force majeure fundamental fundamental breach good faith High Court obligation repudiation repudiatory breach terminate termination

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

13 August 2010 | Mark Weston

GB Gas entered into an agreement with Accenture for Accenture to design, supply, install and maintain a business-critical IT system, including billing. The agreement defined a ‘Fundamental Defect’...

Tags on this discussion: breach breach of contract bugs business-critical commercial consequential loss contract contract law contracts Court of Appeal design direct loss exclusion of liability fundamental fundamental breach indirect loss installation IT IT contract IT project IT system liability limitation on liability loss of business loss of contracts loss of profits loss of revenue losses maintenance material material breach reasonable reasonable endeavours remedy repudiatory breach serious serious breach supply supply agreement supply contract support and maintenance third party third party losses warranty

Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

12 August 2010 | Paul Gershlick

Sandhu supplied clothes to JSR, a retailer. The supply contract contained an ‘all monies’ retention of title clause. That clause provided that title in the goods would not pass to JSR until payment...

Tags on this discussion: agreement all monies breach breach of contract clause commercial agreement Commercial contract contract contract law contracts guarantee High Court ineffective purchase agreement purchase contract retention of title Romalpa supply agreement supply contract termination unenforceable

High Court does not disturb spirit of trade mark co-existence agreement made way back in time – Omega v Omega, High Court

23 July 2010 | Paul Gershlick

Omega SA was a Swiss company that manufactured watches for over 150 years. Omega Engineering Inc was an American company that has manufactured products for measurement of temperature and humidity for about...

Tags on this discussion: brand brand protection branding brands breach breach of contract co-existence co-existence agreement commercial agreement Commercial contract contract contract law contracts High Court Intellectual property intellectual property rights IP summary judgment trade mark trade mark infringement trade marks

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

23 July 2010 | Paul Gershlick

C assisted its clients in obtaining photocopying equipment. C put forward R as the preferred supplier for its clients. C was concerned not to get cut out of its relationship with its clients by those clients...

Tags on this discussion: anti-competition anti-competitive anti-trust Article 101 Article 81 block exemption breach of contract commercial agreement Commercial contract competition law confidentiality contract contract law contracts damages EC Treaty EU law High Court illegal preferred supplier summary judgment supplier TFEU Treaty on the Functioning of the European Union unenforceable unlawful vertical agreement void

Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court

23 July 2010 | Mark Weston

Wayne Rooney had assigned his image rights to S, to act on his behalf with negotiating sponsorship deals. P agreed with S whereby P would act on behalf of S for exploiting some those rights. The agreement...

Tags on this discussion: agreement brand branding brands breach of contract commercial commercial agreement Commercial contract commercial contracts commission contract contract law contracts dispute High Court image rights reasonable reasonableness restraint of trade unenforceable unreasonable void

Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, High Court

22 July 2010 | Paul Gershlick

This case surrounded the so-called battle of the forms. That is where each side refers to their own terms and conditions applying in their documents such as quotations, orders, order acknowledgements,...

Tags on this discussion: acceptance battle of the forms breach breach of contract commercial commercial agreement Commercial contract commercial law contract contract law contracts defect defective High Court order order acknowledgement quotation quote sale of goods act SOGA subcontract supply contract Terms & conditions unprofitable contract

Latest input tagged contract law

Government consults on EU proposals to change contract law

Sports gear company discovered legal victory was in the pocket – Hudson Bay v Umbro, Court of Appeal

European Commission launches another consultation – this time on the reasons for not having more e-commerce trade

Not renegotiating a bad bargain did not constitute breach of duty of good faith – Gold Group Properties v BDW, High Court

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

High Court does not disturb spirit of trade mark co-existence agreement made way back in time – Omega v Omega, High Court

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court

Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, High Court

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