Types of Contracts in UK Law

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

  • 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

    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.

  • 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.

  • 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:

  • 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.

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Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ......S-4 . Mixed procurement Mixed procurement . 4. —(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) (a) contracts which have as their subject-matter two or more types of procurement ......
  • The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021
    • UK Non-devolved
    • January 01, 2021
    ...... (i) for exposures arising from contracts and transactions listed in points (a) or (c) of Article 301(1) of Chapter ... is held against an account containing more than one of the types of contracts and transactions referred to in Article 301(1) of Chapter 3 ......
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... (see Chapter 2) and applies a broadly equivalent regime to certain types of processing to which the GDPR does not apply (see Chapter 3). . (4) ... (3) Where government departments are not able to enter into contracts with each other, a provision of the GDPR or this Act that would require ......
  • The Utilities Contracts Regulations 2016
    • UK Non-devolved
    • January 01, 2016
    ....... Mixed procurement covering the same activity . 6. —(1) In the case of mixed contracts which have as their subject-matter different types of procurement all of which are covered by these Regulations— . (a) contracts which have as their subject-matter two or more types of procurement ......
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Books & Journal Articles
  • The relationship between contract administration problems and contract type
    • Nbr. 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 ......
  • A detailed analysis of the relationship between contract administration problems and contract types
    • Nbr. 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
    • Nbr. 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 ......
  • Financial analyst in a media company: Nick Dunnett explains what it takes to secure this highly commercial role.
    • Nbr. 2010, January 2010
    • Financial Management (UK)
    • Dunnett, Nick
    • So you want to be
    ...... analyst roles immediately attract interest and are popular with all types of accountants. But with this popularity comes strong competition for the ...More and more employers are using these types of contracts, so by taking this route you would give yourself the best chance of ......
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Law Firm Commentaries
  • London Metal Exchange Provides Revised Guidance on Structure, Terminology and Order Execution
    • JD Supra United Kingdom
    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
    ...... 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 ......
  • UK Draft Regulations Restricting The Assignment Of Receivables Published
    • Mondaq UK
    ......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 ......
  • Insolvency: How Supply Contracts Just Got A Whole Lot Harder To Terminate
    • Mondaq UK
    ......services and provide more information on how they work,. including:. when the provisions apply;. what types of contracts they apply. to;. what happens to contracts to which. the provisions apply;. what relief is available to. suppliers; and. temporary ......
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Forms
  • Chapter CFM50230
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... net investment that is smaller than would be required for other types of contracts that would be expected to have a similar response to changes ......
  • Chapter OT26740
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Risk Service Contracts and other types of Contracts. In the course of discussions on the draft ......
  • Chapter ESM2300
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......These types of contracts can also commonly be known as continuous or umbrella ......
  • Chapter CFM24200
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... net investment that is smaller than would be required for other types of contracts that would be expected to have a similar response to changes ......
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