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Contract – implied terms

The SC has confirmed that it will imply a term into a contract to give it business efficacy.
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Winding up petition – how to respond

A useful article by Gowling WLG summarises the steps to be taken if a company faces a statutory demand or winding up petition.
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Exclusion clause – all liability

The CA recently considered a clause which sought to exclude all liability. Was it within the reasonableness test under UCTA 1977?
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Misrepresentation – entire agreement?

If there is an ‘entire agreement’ clause, will that prevent any subsequent claim for misrepresentation?
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Competition – internet bans?

It is very difficult for a manufacturer or supplier to prohibit its retailers from making online sales. 
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Procurement – sub-contractors?

In April 2018, the government announced a new policy requiring main contractors and suppliers to advertise sub-contract opportunities (under their head contract with central government). 

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Drafting – ambiguity?

If a contract is clear and unambiguous, the court must apply it. Hence the importance of distinguishing between ambiguous and unambiguous wording.
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Exclusion clauses – ‘reasonableness’

The rules on exclusion clauses in UCT 1977 apply to both business and consumer contracts. In essence, any exclusion or restriction of liability for loss will be subject to a ‘reasonableness’ test (unless it relates to personal injury, in which case it will be void).

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Web – photo re-posting

The ECJ has held that the reposting of a photo is likely to require the authorisation of the copyright owner – even if it is already published on the web.

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Force majeure – sole cause

If force majeure arises (eg war) then contractual obligations come to an end (subject to the obligation to use ‘reasonable endeavours’ to avoid the force majeure incident).

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Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...

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