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Getting termination notice wrong meant innocent party could not claim for its US$15m losses – Shell v Dana Gas, High Court

18 March 2010 | Paul Gershlick

S and D entered into an agreement. Clause 3.1.8 said that if the closing date had not occurred within nine months, then S could terminate the contract by 30 days’ notice, but S would not get back its...

Tags on this discussion: breach of contract contract contract law contracts repudiation repudiatory breach termination

Honest belief of something means party could not be deemed to have made fraudulent misrepresentation – FoodCo v Henry Boot, High Court

18 March 2010 | Mark Weston

HB commissioned a third party to provide a report on likely traffic and footfall at a new motorway service station. HB used that report to provide a brochure to attract tenants. The numbers turned out...

Tags on this discussion: breach of contract contract contract law contracts entire agreement clause exclusion of liability Fraud fraudulent misrepresentation High Court liability

Supreme Court rules that there was a contract despite no signing of written contract that required itself to be signed – RTS v Mueller, Supreme Court

17 March 2010 | Paul Gershlick

The Supreme Court has ruled that a contract was in force, despite the parties having not signed the relevant document and a clause within the document stating that it only came into force when the parties...

Tags on this discussion: breach of contract contract contract law contracts signing Supreme Court

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

Pink Floyd stops sales of single tracks online

12 March 2010 | Paul Gershlick

Pink Floyd, the rock band, has won a High Court order to stop its tracks being unbundled and sold as singles. It was seeking to stop the sale of individual tracks such as ‘The Wall’ online, so as to...

Tags on this discussion: breach of contract contract contracts copyright copyright infringement High Court Intellectual property intellectual property rights unbundling

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

Conservatives to come down tough on irresponsible marketing to children

19 February 2010 | Mark Weston

The Conservatives would introduce a new law that would severely hamper any business that markets irresponsibly to children, if they win the General Election to be held this year. Conservative leader, David...

Tags on this discussion: contract contracts Government pressure selling procurement

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Latest news and views tagged contracts

Getting termination notice wrong meant innocent party could not claim for its US$15m losses – Shell v Dana Gas, High Court

Honest belief of something means party could not be deemed to have made fraudulent misrepresentation – FoodCo v Henry Boot, High Court

Supreme Court rules that there was a contract despite no signing of written contract that required itself to be signed – RTS v Mueller, Supreme Court

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

Pink Floyd stops sales of single tracks online

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

Conservatives to come down tough on irresponsible marketing to children

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