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Contract – implication or interpretation?

There is a fundamental difference between implying an implied term into a contract, and interpreting an express term of that contract. The rules for implying are stricter than those for interpreting.

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Bank reference – third party liability

The Playboy casino used an agent to get a bank reference for a gambler before granting him credit. The bank that gave the reference was unaware that it would be passed to, and relied on, by Playboy. In due course, the gambler’s cheques to Playboy (worth £1.25m) bounced. Accordingly, Playboy sued the bank for negligent misstatement (ie a defective credit reference).

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Website injunctions – costs

A website-blocking order is typically made against an ‘innocent’ ISP, requiring it to block a counterfeit website.

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GDPR – consent

GDPR does not fundamentally change the situation set out in DPA 1998 as regards personal data processing (including marketing).

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Sole survivor – joint attorneys

The LR has clarified that a transfer executed by joint attorneys on behalf of a sole surviving proprietor will not satisfy a Form A restriction.

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Confidentiality – ‘disclosure’ and ‘use’

A properly drafted confidentiality clause should cover both ‘disclosure’ of the confidential information, and its ‘use’.

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Decision-making – commercial aims?

Suppose a party has contractual rights; are there any limitations on how those rights can be exercised?

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Directors – residential addresses

Currently, all company directors have to provide a residential address and a service address.

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Cap – limitation of liability

Limitation of liability clauses are often among the most heavily negotiated parts of contracts. They need careful consideration to ensure that the terms are appropriate to the commercial circumstances.
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Contract – interpretation

A reminder of the correct approach when interpreting a contract:

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