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

Latest input tagged contract

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

Rescission of Conditional Contract – McGahon v Crest Nicholson Regeneration Limited

10 August 2010 | Stephen Carew

Facts A buyer was contracted to purchase an underlease of a flat off-plan from a developer. The contract was conditional upon the grant to the developer of a headlease by the longstop date of 1 June...

Tags on this discussion: conditional contract contract headlease landlord and tenant McGahon v Crest Nicholson rescission Residential Developer residential property

It’s not personal…

29 July 2010 | Samantha Lloyd

An indemnity given by a financial advisor was not personal and therefore could be enforced by an assignee said the Court of Appeal in Shaw v Lighthousexpress Ltd [2010] EWCA Civ 161. Berkeley...

Tags on this discussion: asset purchase agreement assignment contract contracts corporate Court of Appeal indemnity Shaw v Lighthousexpress Ltd

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

Don’t be so casual with use of easy name and up your game, Stelios tells easyJet

23 July 2010 | Mark Weston

Stelios Haji-Ioannou – the founder of easyJet - has told the airline that it must improve its performance if it wants to continue using the ‘easy’ name. Although he was the founder, his family are...

Tags on this discussion: agreement brand branding brands breach breach of contract commercial agreement Commercial contract commercial contracts contract contracts Intellectual property intellectual property rights IP licence termination trade mark trade marks

Latest input tagged contract

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

Rescission of Conditional Contract – McGahon v Crest Nicholson Regeneration Limited

It’s not personal…

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

Don’t be so casual with use of easy name and up your game, Stelios tells easyJet

About us

Contact us

View latest newsletters

Subscribe to Upload

Events

Work with us

News