Contract Consideration in UK Law

  • Is your letter of intent a patchwork of provisions?
    • JD Supra United Kingdom
    Lawyers will generally recommend that you agree and sign a formal contract before starting work on site. That said, despite good intentions, commercial necessity often requires parties to start the...
    ... ... Lawyers will generally recommend that you agree and sign a formal contract before starting work on site. That said, despite good intentions, ... - that is, there must be: certainty as to the key terms; consideration; and both parties must have a mutual intention to enter into a binding ... ...
  • Claim against parent company in tort for inducing breach of contract by subsidiary has no real prospect of success
    • JD Supra United Kingdom
    A claim for inducing breach of contract had no real prospect of success, despite the fact that a subsidiary’s breach of contract was the known and inevitable result of its parent company’s decision...
    ... ... The court’s consideration" of the tort of inducing a breach of contract in the context of a parent/subsidiary relationship is interesting as it is not uncommon for a subsidiary\xE2" ... ...
  • Inconsiderate Variation
    • Mondaq UK
    ... ... Recycling Limited, the court was asked to consider if valid consideration had been given to support a new restrictive covenant introduced during the ... , the court did find that Mr Sendall had acted in breach of his contract of employment and awarded damages to his former employer ... The case ... ...
  • The Basics: Do You Have A Contract? Is There A Binding Agreement In Place?
    • Mondaq UK
    ... ... That's because the offeree will have made a counter-offer, which, if accepted, will form the terms of the contract ... Consideration ... Consideration must have been provided by both parties. This means that a promisee cannot enforce a promise unless something has been promised ... ...
  • Electronic Signatures: Can You Automatically Enter Into A Binding Contract?
    • Mondaq UK
    ... ... been established that there are three elements required to create a valid, binding contract under the common law: offer and acceptance, consideration and an intention to create binding legal relations. When it comes to acceptance of the other party's offer, the law has established a number of ... ...
  • Commercial Bulletin No. 90
    • Mondaq United Kingdom
    ... ... , title has passed, or the goods have been appropriated to the contract]. Holt claimed that s49 was the only way of claiming for the price, and ... Consideration should therefore be given to including a clause that provides for the ... ...
  • Consideration for Covenants
    • JD Supra United Kingdom
    The recent UK High Court decision in Re-use Collections Limited v Sendall & May Glass Recycling Ltd, highlights to employers that new restrictive covenants will not be enforceable against employees...
    ... ... This may be particularly appropriate in relation to businesses which employers acquire. Any contract review exercise needs to be carefully managed to ensure that employees validly agree to any changes proposed. One trap for the unwary can be where ... ...
  • A Contract Does Not Always Mean What It Says...
    • Mondaq UK
    ... ... The enforceability of "non-variation" clauses that say that contracts may only be varied in writing; ... What constitutes "consideration" - all contracts must have an element of consideration given by both parties to be valid; and ... Whether an estoppel arose - for an estoppel ... ...
  • Prior Course Of Dealing Between Parties To Fleet Agreement Did Not Mean They Had Agreed To Arbitrate
    • Mondaq United Kingdom
    ... ... the circumstances in which a term may be implied into a contract as a result of a course of dealing between the parties. The particular ... to have been omitted from the particular contract under consideration. The incorporation of terms by a prior course of dealing, however, is a ... ...
  • Weekly Tax Update - 20 June 2018
    • Mondaq UK
    ... ... AG suggests contract termination payments are taxable consideration for a supply Negotiating ... ...
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