Types of Contracts in UK Law

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

    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.

  • Firstpost Homes Ltd v Johnson
    • Court of Appeal
    • 20 Jul 1995

    Section 2 brought about a markedly different regime from that which obtained hitherto. Whereas under Section 40 contracts which did not comply with its requirements were not void but were merely unenforceable by action, contracts which do not comply with Section 2 are ineffective: a contract for the sale of an interest in land can only be made in writing and in conformity

    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.

  • Sharma and another v Simposh Ltd
    • Court of Appeal
    • 23 Nov 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:

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

  • Ajar-Tec Ltd v Stack
    • Court of Appeal
    • 26 Abr 2012

    It follows from the definition that all employees are workers, but not all workers are employees. The central feature of both concepts, however, is that the worker should be employed pursuant to a contract. If there is no contract personally to perform work or services, then neither concept applies.

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Books & Journal Articles
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Law Firm Commentaries
  • London Metal Exchange Provides Revised Guidance on Structure, Terminology and Order Execution
    • JD Supra United Kingdom
    • Katten Muchin Rosenman LLP
    • 30 de Septiembre de 2014
    On September 22, the London Metal Exchange (LME) provided revised guidance on the structure of LME, market terminology and order execution. As with previous versions, the revised guidance explains ...
    ...... versions, the revised guidance explains that LME recognizes two types of contracts: client contracts between customers and certain types of LME ......
  • Radar - December 2016: Electronic Signatures
    • Mondaq UK
    • 22 de Diciembre de 2016
    ...... good practice for the use of electronic signatures in business contracts under UK law. The note sets out principles for determining whether nt types of contracts can be or have been validly signed electronically as well as ......
  • Conditional Contracts In The Spotlight
    • Mondaq United Kingdom
    • 12 de Abril de 2011
    ...... to highlight the complexities that can arise from conditional contracts – something which should be borne in mind, says Elaine, as these types of contracts are not only put in place for substantial property developments; they are also commonly used for smaller commercial and domestic ......
  • UK Draft Regulations Restricting The Assignment Of Receivables Published
    • Mondaq UK
    • 20 de Julio de 2018
    ......The draft Regulations will invalidate terms in business contracts that prohibit or restrict the assignment of receivables, including terms ... The Regulations will also not apply to certain types of contracts, including among others: (i) contracts regulated under the ......
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