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

    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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Legislation
  • Mobile Homes Act 2013
    • UK Non-devolved
    • January 01, 2013
    ......(a) to be expressed to be granted for holiday use only, or. . . (b) to be otherwise so ... 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (implied terms in pitch agreements except those relating to pitches in England on certain ......
  • Contracts of Employment Act 1963
    • UK Non-devolved
    • January 01, 1963
    ...... the notice, and to require employers to give written particulars of terms of employment. Be it enacted by the Queen's most Excellent Majesty, by ...and which contains express terms affording the particulars. to be given under each of the paragraphs ......
  • 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 ......
  • Landlord and Tenant Law Amendment (Ireland) Act 1860
    • UK Non-devolved
    • January 01, 1860
    ...... S-I . Construction of certain Terms in this Act. I Construction of certain Terms in this Act. . I. In the nstruction of this Act the following Words and Expressions shall have the Force and Meaning hereby assigned to them, unless there ......
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Books & Journal Articles
  • Manufacturing—Not So Much a Technology More a Way of Life
    • Nbr. 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 ......
  • Exploring criminogenic need through victim apology letters II: an IPA analysis of post‐treatment accounts of offending against children
    • Nbr. 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
    • Nbr. 22-3, August 2020
    • British Journal of Politics and International Relations
    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 ......
  • An Underdeveloped Peace Movement: The Case of France
    • Nbr. 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 ......
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Law Firm Commentaries
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Forms
  • Apply for a park home protected site implied terms order, an express terms order or unenforceable express term order
    • Court and tribunal forms
    Forms relating to the Residential Property (First-tier Tribunal).
  • Chapter TSEM8230
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... expenses that are ‘properly chargeable to income, ignoring the express terms of the settlement’. This is taken from the original wording in ......
  • Chapter TSEM8220
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... properly chargeable to income, ignoring the express terms of the settlement. and have not been taken into account for the ......
  • Chapter NMWM04050
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......All contracts of employment contain;. Express terms- these are the elements of the contract which are precisely spelled ......
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