Express Terms in UK Law

Leading Cases
  • Ailsa Craig Fishing Company Ltd v Malvern Fishing Company Ltd
    • House of Lords
    • 26 November 1981

    In my opinion these principles are not applicable in their full rigour when considering the effect of clauses merely limiting liability. Such clauses will of course be read contra proferentem and must be clearly expressed, but there is no reason why they should be judged by the specially exacting standards which are applied to exclusion and indemnity clauses.

  • George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd
    • House of Lords
    • 30 June 1983

    It must follow, in my view, that, when asked to review such a decision on appeal, the appellate court should treat the original decision with the utmost respect and refrain from interference with it unless satisfied that it proceeded upon some erroneous principle or was plainly and obviously wrong.

  • Oliver Nobahar-Cookson and Another v The Hut Group Ltd
    • Court of Appeal (Civil Division)
    • 22 March 2016

    The parties are not lightly to be taken to have intended to cut down the remedies which the law provides for breach of important contractual obligations without using clear words having that effect: see Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd [1974] AC 689 per Lord Diplock at 717H, applied in Seadrill Management Services Ltd v OAO Gazprom [2010] EWCA Civ 691, by Moore-Bick LJ at para 29.

  • Air Transworld Ltd v Bombardier Inc.
    • Queen's Bench Division (Commercial Court)
    • 20 February 2012

    The more valuable the right the clearer the language would need to be. Similarly, the more significant the departure from obligations implied by the law or ordinarily assumed under contracts of the kind in question, the more difficult it would be to persuade the court that the parties intended that result.

  • Gillespie Bros. & Company Ltd v Roy Bowles Transport Ltd
    • Court of Appeal (Civil Division)
    • 24 October 1972

    It is, however, a fundamental consideration in the construction of contracts of this kind, that it is inherently improbable that one party to the contract should intend to absolve the other party from the consequences of the latter's own negligence.

  • RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
    • Supreme Court
    • 21 July 2010

    Whether there is a binding contract between the parties and, if so, upon what terms depends upon what they have agreed. It depends not upon their subjective state of mind, but upon a consideration of what was communicated between them by words or conduct, and whether that leads objectively to a conclusion that they intended to create legal relations and had agreed upon all the terms which they regarded or the law requires as essential for the formation of legally binding relations.

  • Evans (J.) & Son (Portsmouth) Ltd v Andrea Merzario Ltd (Ruhr)
    • Court of Appeal (Civil Division)
    • 13 November 1975

    In such a case the Court does not require to have recourse to lawyers' devices such as collateral oral warrantly in order to seek to odduse evidence which would not otherwise be admissible. The Court is entitled to look at and should look at all the evidence from start to finish in order to see what the bargain was that was struck between the parties. The defendants gave such a promise which to my mind against this background plainly amounted to an enforceable contractual promise.

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  • Insurance Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... insurer in the decision whether to take the risk, and if so on what terms (whether the individual does so as the insurer's employee or agent, as an ... (1) Any rule of law that breach of a warranty (express or implied) in a contract of insurance results in the discharge of the ... ...
  • Renting Homes (Wales) Act 2016
    • Wales
    • January 01, 2016
    ... ... contract has been created the parties can vary its fundamental terms; but there are certain limits to this ... (5) Part 2 of this Act also ... (1) Additional terms of an occupati ... on contract are any express terms of the contract other than- ... (a) the terms addressing the key ... ...
  • Trustee Act 1893
    • UK Non-devolved
    • January 01, 1893
    ... ... S-5 ... Enlargement of express powers of investment. 5 Enlargement of express powers of investment ... order made under the Improvement of Land Act, 1864, unless the terms of the trust expressly provide that the land to be purchased or taken in ... ...
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • January 01, 1977
    ... ... (1) For the purposes of this Part of this Act, “negligence” means the breach—(a) of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract;(b) of any common law duty to ... ...
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Books & Journal Articles
  • Manufacturing—Not So Much a Technology More a Way of Life
    • No. 2-2, February 1973
    • Personnel Review
    • 14-28
    Our objective, when reporting on a series of research projects conducted between our two management centres, UMIST and INSEAD, was firstly to comment upon our European experiences against the backg...
    ... ... Our second concern was to express, in terms acceptable to us, that production management is at the core of ... ...
  • An Underdeveloped Peace Movement: The Case of France
    • No. 23-2, June 1986
    • Journal of Peace Research
    Unlike its European counterparts, the peace movement in France is not very strong. The reasons for this are many: The Munich Syndrome, a contempt for pacifism confused with cowardice, a desire for ...
    ... ... , there are discordant voices, al- though these do not express themselves in pacifist terms. The last years of the 20th ... ...
  • Exploring criminogenic need through victim apology letters II: an IPA analysis of post‐treatment accounts of offending against children
    • No. 3-4, October 2011
    • Journal of Aggression, Conflict and Peace Research
    • 230-242
    Purpose: Building on previous work, concerned with analysis of pre‐treatment apology letters of men who have offended against children, the current research focuses on post‐treatment apology letter...
    ... ... victims after treatment.Findings – The data suggest that the men express themselves in terms of need, however, primarily thisis in terms of ... ...
  • Conceptualising party-driven movements
    • No. 22-3, August 2020
    • British Journal of Politics and International Relations
    • 0000
    This article contributes to scholarship on the relationship between political parties and social movements by proposing the concept of ‘party-driven movements’ to understand the formation of a new ...
    ... ... We analyse how party-driven movements express an ambivalence in terms of strategy (working inside and outside the ... ...
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Law Firm Commentaries
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