Types of Contracts in UK Law

Leading Cases
  • Rose (F. E.) (London) v William H. Pim Jnr. & Company
    • Court of Appeal
    • 16 July 1953

    Rectification is concerned with contracts and documents, not with intentions. In order to got rectification, it is necessary to show that the parties were in complete agreement on the terms of their contract, but by an error wrote them down wrongly; and in this regard, in order to ascertain the terms of their contract, you do not look into the inner minds of the parties – into their intentions – any more than you do in the formation of any other contract.

  • Sharma and another v Simposh Ltd
    • Court of Appeal (Civil Division)
    • 23 November 2011

    The confusion is caused by the fact that the term "consideration", when used in the phrase "total failure of consideration" as a reason for restitution, does not mean quite the same thing as it does when considering whether there is sufficient "consideration" to support the formation of a valid contract. Viscount Simon LC, explained this in Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32, 48:

  • Rock Advertising Ltd v MWB Business Exchange Centres Ltd
    • Supreme Court
    • 16 May 2018

    At the very least, (i) there would have to be some words or conduct unequivocally representing that the variation was valid notwithstanding its informality; and (ii) something more would be required for this purpose than the informal promise itself: see Actionstrength Ltd v International Glass Engineering In Gl En SpA [2003] 2 AC 541, paras 9 (Lord Bingham), 51 (Lord Walker).

  • Firstpost Homes Ltd v Johnson
    • Court of Appeal (Civil Division)
    • 20 July 1995

    Whereas an oral contract was allowed and enforceable provided that it was evidenced in writing and the memorandum or note thereof was signed by or on behalf of the party against whom it was sought to be enforced, oral contracts are now of no effect and all contracts must be signed by or on behalf of all the parties.

  • Hamsard 3147 Ltd Trading as "Mini Mode Childrenswear" and Another v Boots UK Ltd
    • Chancery Division (Patents Court)
    • 31 October 2013

    I do not regard the decision in Yam Seng Pte Ltd v International Trade Corporation as authority for the proposition that in commercial contracts it may be taken to be the presumed intention of the parties that there is a general obligation of "good faith". Boots was not obliged as a matter of "good faith" to order from Hamsard goods that it did not want (the so called "transitional AW10 stock") simply because if it had done so the nascent joint venture would have been more profitable.

  • 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.

  • Matchmove Ltd (Appellant v Mark Dowding and Another (Respondents
    • Court of Appeal (Civil Division)
    • 07 December 2016

    As counsel for Matchmove accepted, however, it is important not to construe this paragraph of Arden LJ's judgment as if it were a statute. In our judgment, Arden LJ was not intending to describe three different situations in which section 2(5) would not apply, but rather to describe Cobbe in three different ways.

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Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... 1(2), 6(3) (with Sch. paras. 3-5) ... Mixed procurement ... (1) In the case of mixed contracts which have as their subject-matter different types of procurement all of which are covered by this Part—(a) contracts which have as their subject-matter two or more types of procurement (works, ... ...
  • The Concession Contracts Regulations 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... , or a particular process which characterises the products or services provided by a specific economic operator, or to trade marks, patents, types or a specific production with the effect of favouring or eliminating certain undertakings or certain products ... (5) But such a reference is ... ...
  • Financial Services and Markets Act 2000
    • UK Non-devolved
    • January 01, 2000
    ... ... 64 (as inserted (1.3.2019) by The Financial Services Contracts (Transitional and Saving Provision) (EU Exit) Regulations 2019 (S.I ... those services F246;(c) a programme of operations which includes the types of business the applicant proposes to undertake and the applicant's ... ...
  • The Defence and Security Public Contracts Regulations 2011
    • UK Non-devolved
    • January 01, 2011
    ... ... —(a) listed in the Common Military List of the European Union F79adopted by the Council onF9817 February 2020; or(b) within the product types included in the F1101958 List;“Minister of the Crown” means the holder of an office in Her Majesty's Government in the United Kingdom and ... ...
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Books & Journal Articles
  • The relationship between contract administration problems and contract type
    • No. 9-2, March 2009
    • Journal of Public Procurement
    • 261-285
    Guided by a conceptual model developed by Davison and Wright, the research was conducted to determine which types of contract administration problems (e.g., delays) were perceived as most likely fo...
    ... ... by Davison and Wright, the research was conducted to determine which types of contract administration problems (e.g., delays) were perceived as most likely for seven types of contracts (e.g., small supplies and purchases). The survey was sent electronically ... ...
  • PUBLIC‐PRIVATE PARTNERSHIP CONTRACTS: A TALE OF TWO CITIES WITH DIFFERENT CONTRACTUAL ARRANGEMENTS
    • No. 89-4, December 2011
    • Public Administration
    This paper analyses regulation by contract in public‐private partnerships (PPPs) for infrastructure services. Although the benefits of competition for the market and subsequent regulatory contracts...
    ... ... Often, risks are not allocatedcorrectly nor is effective monitoring ensured. Comparisons between the two types of contractsshow how external regulation can be useful in mitigating contractual problems. This examination ofbidding procedures and contract design ... ...
  • A detailed analysis of the relationship between contract administration problems and contract types
    • No. 11-1, March 2011
    • Journal of Public Procurement
    • 108-226
    Guided by a conceptual model developed by Davison and Wright (2004), Davison and Sebastian (2009) surveyed National Institute of Government Purchasing (NIGP) and Institute of Supply Management (ISM...
    ... ... to determine empirically which types of contract administration problems (e.g., delays) were perceived as most likely for seven types of contracts (e.g., small supplies and purchases). The mean ratings of the perceived occurrence of the ten problems for each contract problem were reported. The ... ...
  • Autonomy versus control in procurement and contracting: the use of cost-reimbursement contracts in three US federal departments
    • No. 83-1_suppl, March 2017
    • International Review of Administrative Sciences
    This article examines the efficacy of central attempts to influence the use of specific types of contracts, namely, cost-reimbursement versus fixed-price contracts, by individual departments within...
    ... ... Public Affairs, The Ohio State University, USA Abstract This article examines the efficacy of central attempts to influence the use of specific types of contracts, namely, cost-reimbursement versus fixed-price contracts, by indi- vidual departments within a decentralized procurement system. We dra ... ...
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Law Firm Commentaries
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