Contracts in UK Law

Leading Cases
  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Diciembre 1931

    There are certain contracts expressed by the law to be contracts of the utmost good faith where material facts must be disclosed; if not the contract is voidable. Apart from special fiduciary relationships contracts for partnership and contracts of insurance are the leading instances. In such cases the duty does not arise out of contract; the duty of a person proposing an insurance arises before a contract is made; so of an intending partner.

  • Wickman Machine Tool Sales Ltd v L. Schuler A.G.
    • House of Lords
    • 04 Abril 1973

    The fact that a particular construction leads to a very unreasonable result must be a relevant consideration. The more unreasonable the result the more unlikely it is that the parties can have intended it, and if they do intend it the more necessary it is that they shall make that intention abundantly clear.

  • Rainy Sky SA and Others v Kookmin Bank
    • Supreme Court
    • 02 Noviembre 2011

    If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.

  • Investors Compensation Scheme Ltd v West Bromwich Building Society
    • House of Lords
    • 19 Junio 1997

    (1) Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract.

  • Reardon Smith Line Ltd v Yngevar Hansen-Tangen (trading as H. E. Hansen-Tangen)
    • House of Lords
    • 07 Octubre 1976

    No contracts are made in a vacuum: there is always a setting in which they have to be placed. In a commercial contract it is certainly right that the court should know the commercial purpose of the contract and this in turn presupposes knowledge of the genesis of the transaction, the background, the context, the market in which the parties are operating.

  • Alexey Samarenko v Dawn Hill House Ltd
    • Court of Appeal (Civil Division)
    • 01 Diciembre 2011

    That decision is entirely consistent both with the nature of a deposit and with the general approach of the law to repudiation and renunciation of contracts. Since the payment of a deposit at the executory stage of the contract is an earnest (or guarantee) of further performance, it is no surprise that a failure to pay the deposit on time is taken to demonstrate that the buyer is unwilling to perform the contract as a whole.

  • Luxor (Eastbourne) Ltd v Cooper
    • House of Lords
    • 12 Diciembre 1940

    The general presumption is that the parties have expressed every material term which they intended should govern their agreement, whether oral or in writing. But it is well recognised that there may be cases where obviously some term must be implied if the intention of the parties is not to be defeated, some term of which it can be predicated that "it goes without saying", some term not expressed but necessary to give to the transaction such business efficacy as the parties must have intended.

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Books & Journal Articles
  • Outcome-orientation in performance contracts
    • No. 73-1, March 2007
    • International Review of Administrative Sciences
    Setting targets for public service delivery combined with increased flexibility in resource use has been a major topic of reforms internationally. Performance contracts are a central instrument of ...
  • Contractors and their Psychological Contracts
    • No. 10-3, September 1999
    • British Journal of Management
    It is commonly assumed that contractors are largely calculative, instrumental and self‐interested in their relationship with organizations and interface with them accordingly (e.g. low corporate in...
    • No. 92-3, September 2014
    • Public Administration
    In this article, we employ transaction cost economics and the contingency stream of organization theory to answer two related questions. First, when contracting for complex services, do governments...
  • Home building contracts
    • Construction Law. Volume III - Third Edition
    • Julian Bailey
    • 1467-1527
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Law Firm Commentaries
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  • sheet
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ...  commercial fraud ...  corporate or business acquisition agreements ...  general commercial contracts and arrangements, including agency ...  agreements ...  insurance and/or reinsurance ...  oil and gas and other natural resources ... ...
  • Record of evidence (Officer of a company)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Is the company still ... How were assets ... disposed of? ... If No, when did the ... company cease ... Have you any current ... contracts? ... If Yes, what are they ... and what is their total ... Are there any staged ... Have you any future ... contracts? ... If Yes, what is the ... ...
  • Respond to a money claim: unspecified amount
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... contributions, income tax and VAT ... I am in arrears and I owe ... £ ... Give details of: ... (a) contracts and ... other work in hand ... (b) any sums due ... for work done ... I have been unemployed for ... Personal details ... I am a pensioner ... 4 ... ...
  • Give a record of evidence (individual debtor)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Inland Revenue to verify ... the information you have ... given in this section? ... Are you working on any ... contracts at the moment? ... Name and address of ... If Yes,give name and ... address and say when audit ... takes place? ... Date of audit ... If Yes, give ... ...
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