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OFT claims that 3-year gym membership contract with no get-out right was unfair on consumers and therefore unenforceable

16 March 2010 | Paul Gershlick | 1 comment

The Office of Fair Trading is taking legal action against Ashbourne Management Services for AMS’s gym membership contracts that provided no opportunity for members to terminate before a minimum three...

Tags on this discussion: business-to-consumer Consumer Protection from Unfair Trading Regulations contract contract law contracts illegal Office of Fair Trading OFT unenforceable Unfair Terms in Consumer Contracts Regulations unlawful

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

Liability cap in contract includes contractual interest but excludes statutory interest – Markerstudy v Endsleigh, High Court

5 March 2010 | Mark Weston

Endsleigh provided certain administration and claims handling services to Markerstudy. Markerstudy claimed for losses resulting from Endsleigh’s alleged overpayment in relation to the claims. There was...

Tags on this discussion: cap on liability consequential loss contra proferentem contract contract law contracts direct loss exclusion of liability High Court indirect loss liability limitation on liability loss of business loss of goodwill loss of profits loss of revenue UCTA unfair contract terms act

European Commission proposes the 28th regime as alternative to national laws

4 March 2010 | Paul Gershlick

The European Commission has proposed a new law spanning the European Union which would aim to increase cross-border trade. In 2008, only 7% of web site transaction were made cross-borders. Viviane Reding,...

Tags on this discussion: 28th regime B2C business-to-consumer contract contract law contracts cross-border European Commission

European Commission wants to push ahead with Consumer Rights Directive

4 March 2010 | Paul Gershlick

The European Commission has signalled its intent to push forward with its proposed Consumer Rights Directive. Viviane Reding, the Justice, Fundamental Rights and Citizenship Commissioner, would like to...

Tags on this discussion: B2C business-to-consumer consumer laws contract contract law contracts European Commission faulty reject sale of goods

Economic duress to change the agreed contract price won’t work – Kolmar v Traxpo, High Court

12 February 2010 | Paul Gershlick

You’ve secured an important deal to sell some products to a major customer. You’ve got an agreement with a supplier to buy the product. Everything’s in place…that is until your supplier suddenly...

Tags on this discussion: contract law contracts duress economic duress restitution

The Sky’s the limit – an IT case affecting any type of goods or services contract

27 January 2010 | Mark Weston

After 7 years in the legal arena, including 110 days in the courtroom, Sky has finally proved fraud against EDS. On 26 January 2010, the Technology and Construction Court in London ruled that EDS had...

Tags on this discussion: Computer contract contract law economic hardship exclusion of liability force majeure High Court IT liability Terms & conditions unprofitable contract

Economic downturn not a justification reason to invoke force majeure provisions – Tandrin Aviation v Aero Toy Store , High Court

27 January 2010 | Paul Gershlick

It is official: the economic downturn is not a justification under most force majeure clauses for getting out of an unprofitable contract. That was the ruling of the High Court in this case. Here, D had...

Tags on this discussion: contract contract law economic hardship force majeure High Court unprofitable contract

Sky wins IT case worth hundreds of millions of pounds as liability clause not upheld because of fraudulent misrepresentation by EDS in sales process – Sky v EDS, High Court

27 January 2010 | Paul Gershlick

Sky has won a long-awaited landmark case against EDS that is bound to have massive implications - not just for all IT contracts, but also for any business that has sales-people that push the boundaries...

Tags on this discussion: contract contract law fraudulent misrepresentation IT law misrepresentation

Interpretatation of shareholder agreement

5 January 2010 | Emma Cameron

The High Court has considered a claim for a declaration as to the meaning of a price calculation clause in a shareholders agreement. The claim arose out a merger of two businesses. The parties had entered...

Tags on this discussion: contract law contracts corporate Corporate structuring joint venture Shareholder

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Latest news and views tagged contract law

OFT claims that 3-year gym membership contract with no get-out right was unfair on consumers and therefore unenforceable

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

Liability cap in contract includes contractual interest but excludes statutory interest – Markerstudy v Endsleigh, High Court

European Commission proposes the 28th regime as alternative to national laws

European Commission wants to push ahead with Consumer Rights Directive

Economic duress to change the agreed contract price won’t work – Kolmar v Traxpo, High Court

The Sky’s the limit – an IT case affecting any type of goods or services contract

Economic downturn not a justification reason to invoke force majeure provisions – Tandrin Aviation v Aero Toy Store , High Court

Sky wins IT case worth hundreds of millions of pounds as liability clause not upheld because of fraudulent misrepresentation by EDS in sales process – Sky v EDS, High Court

Interpretatation of shareholder agreement

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