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Searching Content indexed under Contracts and Commercial Law by Mayer Brown ordered by Published Date Descending.
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Notice The Details: Court Of Appeal Decision Highlights The Importance Of Strict Compliance With Contractual Notice Provisions
The Court of Appeal has handed down judgment in the case of Stobart Group Limited and another v William Stobart and another, concerning whether or not a letter written by the appellants...
UK
9 Aug 2019
2
Economic Duress – How Far Is Too Far?
What options are available to a party which finds itself pressured to enter into a contract?
UK
19 Jun 2019
3
UK
17 May 2019
4
Legal Developments In Construction Law - January 2019
Clauses in a subcontract for trench excavation for an underground district heat network contained a broad allocation of risk to the subcontractor.
European Union
4 Feb 2019
5
Legal Developments In Construction Law - November 2018
Pre-contract representations can be troublesome. And if a contract does not happen immediately, they can also have staying power.
UK
3 Dec 2018
6
Interest In Oral Loan Agreement Could Not Be Implied, England & Wales Court Of Appeal Finds
The Court of Appeal recently handed down its judgment in Sheikh Mohamed Bin Issa Al Jaber and MBI & Partners UK Limited v Sheikh Walid Ibrahim Al Ibrahim ...
UK
9 Aug 2018
7
"Hindsight Is A Wonderful Thing But Foresight Is Better" – England & Wales Court Of Appeal Confirms That You Cannot Imply A Term Just Because, In Hindsight, It Seems Fair
In Robert Bou-Simon v BGC Brokers LP1 the Court of Appeal has confirmed that a contractual term cannot be implied into an agreement simply because in hindsight it makes sense to do so.
UK
26 Jul 2018
8
English High Court Provides Guidance On When A Common Mistake Will Render A Contract Void
One of the most fundamental purposes (and indeed contractual legal principles) of a contract is that its terms should be certain, such that each party to the contract knows what it is signing up...
UK
10 Jul 2018
9
"Threshing The Undergrowth For Some Chance Remark" — English High Court Considers Impact Of Entire Agreement Clauses On Pre-Contractual Negotiations
Claims alleging pre-contractual misrepresentation are common nemeses of banks and other financial institutions, and any organisation that regularly contracts with counterparties.
UK
18 Jun 2018
10
JOA Defaults: Enforcing Forfeiture Clauses Following The UK Supreme Court's Cavendish v Makdessi Decision
If a contractual clause is regarded as penal, it will be unenforceable. The paradigm case in which this arises is where the contract provides that if a party breaches its contract, it is to make a payment to the other party that is regarded as excessive in law.
UK
21 Jun 2016
11
When Is A Contract Term An Unenforceable Penalty?
For the first time in a century, the Supreme Court has considered the common law rule on penalty clauses in commercial and consumer contracts.
UK
30 Nov 2015
12
Volume Up, Value Down: A Growing Trend In Sourcing
The second quarter of 2015 saw a record high in the number of sourcing deals, globally. But, while volumes are increasing and the market appears to be growing...
UK
9 Nov 2015
13
Commission Announces Competition Inquiry Into The E-Commerce Sector
Margrethe Vestager, the EU Commissioner in charge of competition, announced yesterday the opening of an inquiry into the e-commerce sector.
European Union
8 May 2015
14
Construction & Engineering London Legal Update – Summer 2014
I am delighted to enclose the September 2014 issue (no. 66) of the Construction & Engineering Legal Update.
Worldwide
24 Sep 2014
15
Good Faith - Is There A New Implied Duty In English Contract Law?
English law does not currently recognise a universal implied duty on contracting parties to perform their obligations in good faith.
UK
12 Jul 2013
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