Contracts in UK Law
- agency agreement
- as soon as practicable
- assumption of responsibility
- battle of the forms
- best efforts
- bill of sale
- caveat emptor
- commercial agent
- condition precedent
- condition subsequent
- confidentiality agreement
- contract formation acceptance
- contract interpretation
- contract law
- counter offer
- due diligence
- electronic contract
- electronic signature
- fit for purpose
- freedom of contract
- implied consent
- invitation to tender
- invitation to treat
- letter of intent
- limitation of liability
- memorandum of understanding
- misrepresentation deceit
- mutuality of obligation
- online contracts
- option to purchase
- part payment
- part performance
- personal service
- postal rule
- subject to contract
- sufficient consideration
- time is of the essence
- unilateral offer
- unincorporated associations
- unreasonably withheld
- utmost good faith
Luxor (Eastbourne) Ltd v Cooper
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
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.
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
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
(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
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.
Wood v Capita Insurance Services Ltd
It has long been accepted that this is not a literalist exercise focused solely on a parsing of the wording of the particular clause but that the court must consider the contract as a whole and, depending on the nature, formality and quality of drafting of the contract, give more or less weight to elements of the wider context in reaching its view as to that objective meaning.
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