Contracts in UK Law

Leading Cases
  • Luxor (Eastbourne) Ltd v Cooper
    • House of Lords
    • 12 Dic 1940

    (1) Commission contracts are subject to no peculiar rules or principles of their own; the law which governs them is the law which governs all contracts and all questions of agency. (2) No general rule can be laid down by which the rights of the agent or the liability of the principal under commission contracts are to be determined. In each case these must depend upon the exact terms of the contract in question, and upon the true construction of those terms.

    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.

  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Dic 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 Abr 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 Nov 2011,02 Nov 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 Jun 1997,19 Jun 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.

  • Davis Contractors Ltd v Fareham Urban District Council
    • House of Lords
    • 19 Abr 1956

    So perhaps it would be simpler to say at the outset that frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract.

See all results
Books & Journal Articles
See all results
Law Firm Commentaries
  • Smart contracts
    • JD Supra United Kingdom
    • Dentons
    • 11 de Julio de 2017
    What is smart technology? All technology is equal, but some technology is more equal than others. "Smart" technology is a term used to describe devices and systems that are cap...
  • Dairy Contracts Consultation
    • Mondaq UK
    • 3 de Septiembre de 2020
  • Hybrid Construction Contracts
    • Mondaq UK
    • 19 de Octubre de 2020
  • UK: Insurance Contracts Bill
    • LexBlog United Kingdom
    • 4 de Julio de 2014
    In January and March this year, the Law Commission published draft clauses as part of its Insurance Contracts Bill and invited consultation and comment not on the actual form of words but as to whe...
See all results