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Industry standard? Must be reasonable then – Röhlig (UK) Ltd v Rock Unique Ltd, Court of Appeal

28 January 2011 | Simon Weinberg | 1 comment

The Court of Appeal has ruled that clauses in the standard trading terms of a particular trade industry body were reasonable under the Unfair Contract Terms Act 1977 (UCTA). The ruling upholds the decision...

Tags on this discussion: breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract law contracts court Court of Appeal exclusion exclusion of liability High Court illegal liability limitation limitation on liability limitation period limitation periods reasonable reasonableness set-off standard terms standard terms and conditions standard trading terms summary judgment Terms & conditions UCTA unauthorised unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unlawful unreasonable

Guarantee your guarantee will stand up to scrutiny !

19 January 2011 | Mark Archer

A recent High Court decision has yet again highlighted the need for parties to draft personal guarantees accurately and in a form that is entirely appropriate for the underlying transaction. A guarantee...

Tags on this discussion: banking commercial agreement contract contract law corporate

Merry Christmas! The Government is considering changes to the Companies Act 2006

23 December 2010 | Mark Archer

As if directors do not have enough to think about at this time of year, what with New Year cashflow worries, and their families asking for more and more at Christmas, then the Department of Business, Innovation...

Tags on this discussion: banking contract law corporate Directors' Duties

If you’re international, you’re international – Peter Pammer v Reederei Karl Schlüter GmbH & Co KG and Hotel Alpenhof GesmbH v Oliver Heller, ECJ

20 December 2010 | Mark Weston

The European Court of Justice (ECJ) has ruled on the criteria such as an online business with a ‘top-level’ .com or .eu domain name, or that has international dialing codes for phone numbers on its...

Tags on this discussion: agreement agreements B2C Brussels I Regulation business-to-consumer CJEU commercial agreement commercial agreements Commercial contract commercial contracts consumer consumer law consumer laws consumers contract contract law contracts Court of Justice of the European Union domain name domain names domicile ECJ EU Europe European Commission European Court Justice European Court of Justice European Union Internet jurisdiction Online online trading top-level domain name web web site web sites Website websites

What is an ‘Offer’? – Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd, Court of Appeal

8 December 2010 | Simon Weinberg

The Court of Appeal has further assisted in the interpretation of what constitutes an ‘offer’ in terms of creating a contract by applying the test referred to in Chartbrook v Persimmon. For a contract...

Tags on this discussion: acceptance agreement breach breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contracts Court of Appeal formation of contract offer

Without prejudice, except for “interpretation” – Oceanbulk Shipping Trading SA v TMT Asia Ltd and others, Supreme Court

3 December 2010 | Mark Weston

The Supreme Court has ruled that the content of without prejudice negotiations over a settlement agreement is admissible in court when trying to prove what a contract, or clause of a contract, is intended...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract law contracts Court of Appeal interpretation interpretation of contract Supreme Court without prejudice

Students losing copyright in their own work

26 November 2010 | Mark Weston

Students at UK universities are being forced to assign copyright in their work to an intermediary that checks for plagiarism. A number of universities subscribe to Turnitin, a plagiarism detector, to check...

Tags on this discussion: assignment breach of contract contract contract law contracts copyright copyright infringement infringement Intellectual property intellectual property rights Internet IP Online plagiarism student university web web site web sites Website websites

Consumers need more power (and clearer law…)

11 November 2010 | Simon Weinberg

Consumers lack the ability by law to take direct action against traders who breach unfair trading regulations, and where the law exists to aid consumers it is too complicated for them to understand. Those...

Tags on this discussion: agreement agreements B2C business-to-consumer commercial commercial agreement commercial agreements commercial law consumer advice consumer law consumer protection Consumer Protection from Unfair Trading Regulations contract contract law contracts Law Commission Office of Fair Trading OFT trading standards unfair contract trading

No more consumer protection, Government decides

11 November 2010 | Mark Weston

The Government has decided not to press the European Commission for an extension of consumer protection laws, following a consultation. The European Commission is considering a new Directive on Consumer...

Tags on this discussion: B2C breach of contract business-to-consumer commercial agreement consumer laws consumer protection Consumer Protection from Unfair Trading Regulations contract contract law contracts Directive EU EU law Europe European Commission European Union Government unfair contract terms Unfair Terms in Consumer Contracts Regulations

Give your notice, then act completely normal – Ericsson Ltd v Hutchison 3G UK Ltd, High Court

10 November 2010 | Mark Weston

The High Court ruled that, despite three years’ notice being given by Hutchison that a seven year contract was going to terminate at the end of the seven year term, the specific winding down provisions...

Tags on this discussion: agreement breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract law contracts corporate High Court notice terminate termination

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Latest news and views tagged contract law

Industry standard? Must be reasonable then – Röhlig (UK) Ltd v Rock Unique Ltd, Court of Appeal

Guarantee your guarantee will stand up to scrutiny !

Merry Christmas! The Government is considering changes to the Companies Act 2006

If you’re international, you’re international – Peter Pammer v Reederei Karl Schlüter GmbH & Co KG and Hotel Alpenhof GesmbH v Oliver Heller, ECJ

What is an ‘Offer’? – Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd, Court of Appeal

Without prejudice, except for “interpretation” – Oceanbulk Shipping Trading SA v TMT Asia Ltd and others, Supreme Court

Students losing copyright in their own work

Consumers need more power (and clearer law…)

No more consumer protection, Government decides

Give your notice, then act completely normal – Ericsson Ltd v Hutchison 3G UK Ltd, High Court

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