Contracts in UK Law

Leading Cases
  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 December 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.

  • Rainy Sky SA and Others v Kookmin Bank
    • Supreme Court
    • 02 November 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 June 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.

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

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

  • Luxor (Eastbourne) Ltd v Cooper
    • House of Lords
    • 12 December 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.

  • Davis Contractors Ltd v Fareham Urban District Council
    • House of Lords
    • 19 April 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.

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Legislation
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Books & Journal Articles
  • Outcome-orientation in performance contracts
    • No. 73-1, March 2007
    • International Review of Administrative Sciences
    • 0000
    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 ...
  • DESIGNING CONTRACTS FOR COMPLEX SERVICES
    • 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
  • STANDARD FORM CONTRACTS
    • No. 16-3, July 1953
    • The Modern Law Review
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Law Firm Commentaries
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Forms
  • 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 ... ...
  • Apply to suspend a warrant or vary payments made by a court order
    • 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 ... Other (specify) ... Give details of: ... (a) contracts and ... other work in hand ... (b) any sums due ... for work done ... I have been unemployed for ... I am a pensioner ... 4 Bank account and savings ... ...
  • Form N9C
    • 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 ... ...
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