Contract Terms in UK Law
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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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Rose (F. E.) (London) v William H. Pim Jnr. & Company
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Rectification is concerned with contracts and documents, not with intentions. 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.
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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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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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Gunton v Richmond-upon-Thames London Borough Council
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If the only real redress is damages, how can its measure or scope be affected according to whether the contract is regarded as still subsisting or as at an end? To preserve the bare contractual relationship is an empty formality. The difference is fundamental, for there is no legal substitute for voluntary performance.
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RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
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Whether there is a binding contract between the parties and, if so, upon what terms depends upon what they have agreed. It depends not upon their subjective state of mind, but upon a consideration of what was communicated between them by words or conduct, and whether that leads objectively to a conclusion that they intended to create legal relations and had agreed upon all the terms which they regarded or the law requires as essential for the formation of legally binding relations.
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Rainy Sky SA and Others v Kookmin Bank
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If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.
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Davis Contractors Ltd v Fareham Urban District Council
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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.
- Unfair Contract Terms Act 1977
- The Business Contract Terms (Assignment of Receivables) Regulations 2018
- Consumer Rights Act 2015
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Insurance Act 2015
... ... In this Act (apart from Part 6) —“consumer insurance contract” has the same meaning as in the Consumer Insurance (Disclosure and ... insurer in the decision whether to take the risk, and if so on what terms (whether the individual does so as the insurer's employee or agent, as an ... ...
- Contract terms
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Unfair Contract Terms, Unfair Prices and Bank Charges
This note considers how the Unfair Terms in Consumer Contracts Directive 1993 draws the line between the review of unfair contract terms and the review of unfair contracts (and, in particular, unfa...
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Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas
In Marks and Spencer v BNP Paribas, the Supreme Court restated the law on the implication of terms in fact, rejecting the previously authoritative approach taken by Lord Hoffmann in Attorney Genera...
- Unfair Contract Terms: The European Approach
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CMA publishes consultation on unfair contract terms guidance
The Competition and Markets Authority (CMA) is consulting on draft guidance on the unfair terms provisions in the Consumer Rights Act 2015 (the Act). Broadly, the Act gives effect in the UK to the ...
- New Business Contract Terms Regulations Withdrawn
- Unfair Contract Terms In Bank Guarantees
- Contract Terms: Beware Incorporation By Reference
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Evidence in support of application for relief from sanctions (CPR 3.8 and 3.9)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... (here set out the terms of the rule, practice direction or court order referred to and the precise ... ...
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Order after separate trial of issue under rule 3.1(2)(i)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... a separate issue under rule 3.1(2)(i), namely (set forth the precise terms of the issue as directed to be tried) ... AND the trial of the said ... ...
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Notice of Court's proposal to make an order of its own initiative (rules 3.3(2) and 3.3(3))
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... by the order, make representations in respect of the order and its terms ... Any such representations must be made by 4p.m. on (date) and must ... ...
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Judgment on application arising from a failure to comply with an order made under rule 3.5(1) (rule 3.5(1) and (5))
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... Order dated (date) whereby it was ordered that (set out the material terms of the Order) ... AND UPON READING the written evidence filed ... ... ...