Latest news and views tagged contract law
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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...
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
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...
Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal
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...
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
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...
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
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...
ASA reiterates that card surcharges must be well indicated
The Advertising Standards Authority (ASA) has upheld a complaint that it received in relation to a website that was not clear about credit and debit card surcharges. The website had added a £1 or £2...
Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court
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...
Bespoke one year limitation period approved by Technology and Construction Court – Inframatrix Investments v Dean Construction, Technology and Construction Court
A recent ruling of the Technology and Construction Court (TCC) has provided a useful reminder of the reasonableness requirement for limitation clauses, and in particular limitation periods, under the Unfair...
Stairway to heaven? No, to court… – Keith Lowe & Ann Lowe v W Machell Joinery Ltd – Court of Appeal
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...
Nylon and Barclays settle £250m investment dispute
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...