Contract Law in UK Law
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Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
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I must say that I had thought that it is now well settled that it is not legitimate to use as an aid in the construction of the contract anything which the parties said or did after it was made. Otherwise one might have the result that a contract meant one thing the day it was signed, but by reason of subsequent events meant something different a month or a year later.
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Director General of Fair Trading v First National Bank Plc
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Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position or any other factor listed in or analogous to those listed in Schedule 2 of the regulations.
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Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
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It is clear that any civilised system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or some benefit derived from another which it is against conscience that he should keep.
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White and Carter (Councils) Ltd v McGregor
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It may well be that, if it can be shown that a person has no legitimate interest, financial or otherwise, in performing the contract rather than claiming damages, he ought not to be allowed to saddle the other party with an additional burden with no benefit to himself. If a party has no interest to enforce a stipulation he cannot in general enforce it: so it might be said that if a party has no interest to insist on a particular remedy he ought not to be allowed to insist on it.
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Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others ; St Martins Property Corporation Ltd and Another v Sir Robert McAlpine Ltd (formerly Sir Robert McAlpine and Sons Ltd)
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Such a result would in my view be absurd and the answer is that the husband has suffered loss because he did not receive the bargain for which he had contracted with the first builder and the measure of damages is the cost of securing the performance of that bargain by completing the roof repairs properly by the second builder.
In such a case, it seems to me proper, as in the case of the carriage of goods by land, to treat the parties as having entered into the contract on the footing that Corporation would be entitled to enforce contractual rights for the benefit of those who suffered from defective performance but who, under the terms of the contract, could not acquire any right to hold McAlpine liable for breach.
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Sulamérica Cia Nacional de Seguros SA and Others v Enesa Engelharia SA and Others
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A search for an implied choice of proper law to govern the arbitration agreement is therefore likely (as the dicta in the earlier cases indicate) to lead to the conclusion that the parties intended the arbitration agreement to be governed by the same system of law as the substantive contract, unless there are other factors present which point to a different conclusion.
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Insurance Act 2015
... ... 1: Insurance contracts: main definitions ... In this Act (apart from Part 6) —“consumer insurance contract” has the same meaning as in the Consumer Insurance (Disclosure and Representations) Act 2012;“non-consumer insurance contract” means a contract ... ...
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Data Protection Act 2018
... ... (b) it is required or authorised by law, and(c) it does not fall within Article 22(2) (a) or (c) of the F100UK GDPR (decisions necessary to a contract or made with the data subject's consent) ... (4) Where a controller takes a qualifying significant decision in relation to a data subject based ... ...
- Unfair Contract Terms Act 1977
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Law Reform (Frustrated Contracts) Act 1943
... ... (1) Where a contract governed by English law has ... become impossible of performance or been otherwise frustrated, ... and the parties thereto have for that reason been ... ...
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Identities in Contract: Merchant Law in Europe and the Future of European Contract Law
The European Union legislator has concentrated on the consumer contract neglecting its counterpart, the commercial contract, the B2B transaction. The result is the absence of any dedicated EU comme...
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English Contract Law and the Efficient Breach Theory
The ‘efficient breach’ theory holds that remedial orders, namely specific performance, compensatory damages and restitutionary damages for wrongs, should be designed in such a way as to maximize th...
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Frustration of purpose and the French Contract Law reform
Frustration of purpose remains one of the most ill-defined concepts in the English law of contracts. The same problem has also recently attracted the attention of the French legislature in its mode...
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How Does China's New Labour Contract Law Affect Floating Workers?
China's new Labour Contract Law took effect in January 2008 and required firms to give migrant workers written contracts, strengthened labour protections for workers and contained penalties for fir...
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Top Contract Law Cases of 2019 for Scots lawyers
2019 brought some interesting and important case law of relevance to Scottish commercial contract lawyers. Summarised below are our pick of 2019's top contract law cases from north and south of the...
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English Contract Law: Choice of Law and Forum Trumped?
In Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch) (29 August 2014), the English High Court analyzed the arguments for and against non-English foru...
- Recent Contract Law Cases
- English Contract Law: Best Endeavours Revisited
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Application for an order to allow enforcement of a decision or an ACAS settlement (Form COT3) that does not require permission to proceed
County Court forms including the N1 money claim form.... ... I certify that a declaration that this sum would not be recoverable against the respondent under general ... law of contract has not been made and that no such application is pending ... 5. Statement of truth ... The applicant believes ... that the facts stated in this ... ...
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Form N471A
County Court forms including the N1 money claim form.... ... I certify that a declaration that this sum would not be recoverable against the respondent under the general law of ... contract has not been made and that no application for any such declaration is pending ... 5. Requests ... I request that the settlement be filed with the ... ...
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I have an Advisory, Conciliation and Arbitration Service (ACAS) settlement (Form COT3) but the respondent has not paid. How do I enforce it?
County Court forms including the N1 money claim form.... ... It is possible for the Respondent to make a declaration that the money owed to you is not ... payable by them under the general law of contract. In order to do this they must make a ... separate application to either the court or the Employment Tribunal ... If such an application is made ... ...
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Judgment against personal representative (PD40B para 14.3)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.