Express Terms in UK Law

Leading Cases
  • Ailsa Craig Fishing Company Ltd v Malvern Fishing Company Ltd
    • House of Lords
    • 26 Nov 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.

  • Amiri Flight Authority v BAE Systems Plc
    • Court of Appeal (Civil Division)
    • 17 Oct 2003

    S.26(4)(a) can in reality only be significant in a case where the offer and acceptance were done in one and the same state. However, the draftsman must at least be taken to have had in mind that s.26(4)(a) is only concerned with goods which are being, or will be, carried between the territory of two different states.

  • Oliver Nobahar-Cookson and Another v The Hut Group Ltd
    • Court of Appeal (Civil Division)
    • 22 Mar 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 Feb 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 Oct 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 Jul 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 Nov 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 1983
    • UK Non-devolved
    • 1 de Enero de 1983
    ......identify it;.  . (c. ) sets out the express terms of the agreement;.  . (d. ) sets out the terms implied by section ......
  • Contracts of Employment Act 1963
    • UK Non-devolved
    • 1 de Enero de 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
    • 1 de Enero de 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 ......
  • Contracts of Employment Act 1972
    • UK Non-devolved
    • 1 de Enero de 1972
    ......Written particulars of terms of employment . Written particulars of terms of employment. . S-4 . ...documents and which contains express terms affording. the particulars to be given under each of the ......
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Books & Journal Articles
  • Manufacturing—Not So Much a Technology More a Way of Life
    • Núm. 2-2, Febrero 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
    • Núm. 3-4, Octubre 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
    • Núm. 22-3, Agosto 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
    • Núm. 23-2, Junio 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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