Term | Matthew Arnold & Baldwin LLP | Giving you a lot more than just law...

Latest news and views tagged term

RSS

Agent can act for competing principals under Commercial Agents Regulations – Rossetti Marketing v Diamond Sofa, High Court

11 October 2011 | Paul Gershlick

S had been appointed as Diamond’s agent for the sale of Diamond’s leather upholstery products in the UK and Ireland. Four years later, S transferred its business to Rossetti. Shortly after the transfer,...

Tags on this discussion: agency agency agreement agency agreements agency contract agency contracts agreement agreements commercial commercial agent Commercial Agents (Council Directive) Regulations Commercial Agents Directive Commercial Agents Regulations commercial agreement commercial agreements Commercial contract commercial contracts commercial law compensation contract contract termination contracts Directive EU EU law Europe European Union European Union law indemnity principal term terminate termination

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

27 September 2011 | Mark Weston

Sony has required its PlayStation Network users to sign up to new terms and conditions that would amount to their waiver of the right to take part in collective legal action, or so-called “class action...

Tags on this discussion: B2C business-to-consumer class action consumer consumer contract consumer contracts consumer law consumer laws consumers data data breach data breaches data controller data loss data protection data protection act Data Protection Act 1998 data protection directive data protection laws data subject data theft database database right infringement databases DPA fair fairness Internet Internet use Internet user law suit lawsuit legal action liability limited liability misuse of data On-line Online online content personal data reasonable sensitive personal data site terms standard terms standard terms and conditions standard trading terms term terms Terms & conditions terms of use Ts & Cs Ts and Cs UCTA unenforceable unfair unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations UTCCR void web web content web database web site web site content web sites Website website content websites

Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court

27 June 2011 | Paul Gershlick

The Office of Fair Trading has successfully obtained an injunction against someone who recruited new members for their gym and health club clients. In the standard agreements that X advised their clients...

Tags on this discussion: agreement agreements B2C business business-to-consumer businesses cancellation commercial commercial law consumer consumer agreement consumer agreements consumer contract consumer contracts consumer detriment consumer law consumer laws consumer protection Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations consumers contract termination CPUTR fair fairness High Court Office of Fair Trading OFT OFT investigation right to cancel term termination Terms & conditions unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract trading Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulations UTCCR void

Court refuses to sever offending wording in restrictive covenant clause if it affected another clause – Francotyp-Postalia v Whitehead, High Court

13 March 2011 | Paul Gershlick

The franchisor and franchisee had restrictive covenants on the franchisee after termination. In order to be enforceable, restrictive covenants have to be reasonable as to duration, area and content. If...

Tags on this discussion: agreement agreements area blue pencil test breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts duration franchise agreement franchisee Franchising franchisor High Court non-compete non-solicitation reasonable reasonableness restrictive covenant Restrictive Covenants severability term termination unenforceable unreasonable

Failure to make exclusion clause wording work under English law rather than US law proves costly – KG Bominflot v Petroplus, Court of Appeal

10 November 2010 | Mark Weston

P supplied oil to B under a free on board (‘FOB’) contract. Clause 18 of the contract stated that there were no ‘guarantees, warranties or representations’ as to the fitness of suitability of the...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law condition contract contracts Court of Appeal English law FOB free on board fundamental breach High Court implied term Incoterms material breach sale of goods sale of goods act satisfactory quality serious breach SOGA supply supply agreement supply contract supply of goods term Terms & conditions warranty

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

14 May 2010 | Mark Weston

Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...

Tags on this discussion: breach breach of contract contract contract law contracts damages exclusion of liability fit for purpose IT limitation on liability loss of goodwill loss of profits reasonable reasonableness sale of goods sale of goods act satisfactory quality Software supply of goods and services act term termination Terms & conditions UCTA unenforceable unfair contract terms act warranty

Latest news and views tagged term

Agent can act for competing principals under Commercial Agents Regulations – Rossetti Marketing v Diamond Sofa, High Court

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court

Court refuses to sever offending wording in restrictive covenant clause if it affected another clause – Francotyp-Postalia v Whitehead, High Court

Failure to make exclusion clause wording work under English law rather than US law proves costly – KG Bominflot v Petroplus, Court of Appeal

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

Contact us

View latest Upload

Subscribe to Upload

Employer Helpline

Events

News