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 Apr 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
  • Financial Services and Markets Act 2000
    • UK Non-devolved
    • January 01, 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
    • 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 ......
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 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, ......
  • Land Reform (Scotland) Act 2016
    • Scotland
    • January 01, 2016
    ...... . . (a) enter into contracts,. . . (b) acquire and dispose of land,. . . (c) co-operate with any ... . (b) a tenancy under sections 4, 5, 5A or 5C of the 2003 Act (new types of tenancy). . (4) A person’s appointment as a member ceases if, ......
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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
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