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.

  • 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 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.

  • 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.

  • Sharma and another v Simposh Ltd
    • Court of Appeal (Civil Division)
    • 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:

  • 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.

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Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ....... 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) contracts which have as their subject-matter two or more types of procurement (works, ......
  • Financial Services and Markets Act 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ......or carry out contracts of insurance (‘the authorised person. concerned’) is to be transferred ... · Stockbrokers . · Professional firms offering certain types of investment services . · Fund managers . · Derivatives traders . ......
  • The Utilities Contracts Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Building Societies (Prescribed Contracts) Order 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ......(This Note is not part of the Order.). This Order prescribes sterling interest rate swaps and capital and interest currency swaps as types of contracts which a building society may enter into under section 23 of the Building Societies Act 1986, which empowers the Commission to prescribe ......
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Law Firm Commentaries
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