Electronic Contract in UK Law

Leading Cases
  • Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Ioannis Kent (Aka John Kent)
    • Queen's Bench Division (Commercial Court)
    • 22 Feb 2018

    It is trust that the other party will act with integrity and in a spirit of cooperation. The legitimate expectations which the law should protect in relationships of this kind are embodied in the normative standard of good faith.

    For example, in Bristol Groundschool Ltd v Intelligent Data Capture Ltd [2014] EWHC 2145 (Ch) the parties agreed to collaborate to produce training manuals for pilots. But Mr Richard Spearman QC, sitting as a deputy High Court judge, characterised the joint venture agreement as a relational contract and held that there was an implied term of the contract requiring good faith in its performance.

  • Liberty Mercian Ltd v Cuddy Civil Engineering Ltd (1st Defendant) Cuddy Demolition and Dismantling Ltd (2nd Defendant)
    • Queen's Bench Division (Technology and Construction Court)
    • 03 Set 2013

    In my judgment those passages summarise the principle of misnomer as it has been generally applied in the earlier decisions set out above. First there must be a clear mistake on the face of the instrument when the document is read by reference to its background or context. In Nittan there was a clear mistake by the insurers in putting Sargrove Electronic Controls Limited instead of Sargrove Automation — a dormant company instead of the company which actually carried on the business.

  • Smithton Ltd v Naggar
    • Court of Appeal (Civil Division)
    • 31 Jul 2014

    The fact that a person is consulted about directorial decisions or his approval does not in general make him a director because he is not making the decision.

  • Your Response Ltd v Datateam Business Media Ltd
    • Court of Appeal (Civil Division)
    • 14 Mar 2014

    As OBG v Allan makes clear, the essence of conversion is a wrongful interference with the possession of tangible property. For these purposes the common law draws a sharp distinction between tangible and intangible property. Even in the case of the conversion of valuable documents (cheques etc.), to which several of their Lordships referred, there is an unlawful interference with a physical object to which a commercial value can be attached.

    Whilst the physical medium and the rights are treated as property, the information itself has never been. If Mr. Cogley were right that the database could be possessed and could be the subject of a lien and that its possession could be withheld until payment and released or transferred upon payment, one would be coming close to treating information as property.

  • Smithton Ltd (Formerly Hobart Capital Markets Ltd) v Guy Naggar (1) Barry Townsley (Third Party) (2) Colin Thomas (Fourth Party) (3) Jason Berry (Fifth Party)
    • Chancery Division
    • 11 Jul 2013

    Subsequent to the Holland case was In the Matter of Mumtaz Properties Ltd [2011] EWCA Civ 610. In that case Arden LJ (with whom Aikens and Patten LJJ agreed) said that the first step in approaching the question of whether a person is a de facto director is to examine the governance structure of the company. That case concerned a family company which was:

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Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... "electronic means" means electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received ......
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... Power to invalidate certain restrictive terms of business contracts 1 Power to invalidate certain restrictive terms of business contracts . ... S-13 . Electronic paying in of cheques etc 13 Electronic paying in of cheques etc . (1) ......
  • The Electronic Money Regulations 2011
    • England & Wales
    • 1 de Enero de 2011
    ...... "authorised insurer" means a person authorised for the purposes of the 2000 Act to effect and carry out a contract of general insurance as principal or otherwise authorised in accordance with Article 6 of the First Council Directive 73/239/EECof 24th July 1973 on ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... S-7 . Electronic monitoring following release on licence etc 7 Electronic monitoring ... S-39 . Contracting out secure colleges 39 Contracting out secure colleges . In Schedule 10- ......
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Books & Journal Articles
  • Bottom Line and Beyond: A Recession is the Right Time to Take Advantage of Contract Manufacturers
    • Núm. 91-7, Julio 1991
    • Industrial Management & Data Systems
    • 12-13
    Contract manufacturing as a concept will be utilised increasingly during the 1990s and beyond. The use of this facility can make life a great deal easier for manufacturing engineering management, s...
    ...... I n th e electronic s field , a leadin g manufacture r ha s publishe d a n estimat e tha t curren t investmen t i s aroun d £ 1 millio n pe r ......
  • Assessing Certification Authorities: Guarding the Guardians of Secure E‐commerce?
    • Núm. 9-3, Marzo 2002
    • Journal of Financial Crime
    • 217-226
    Electronic commerce denotes the use of electronic means, usually the Internet, for creating and often fulfilling contracts without the use of face‐to‐face encounters. In recent years many countries...
    ...... y th e Internet , fo r creatin g an d ofte n fulfillin g contract s withou t th e us e o f face-to-fac e encounters. 1 I n recen t ... Workin g electronicall y i n th e financial service s industr y mean s trustin g th e ......
  • Body language, security and e‐commerce
    • Núm. 18-1, Marzo 2000
    • Library Hi Tech
    • 61-74
    Security is becoming an increasingly more important concern both at the desktop level and at the network level. This article discusses several approaches to authenticating individuals through the u...
    ...... mail transfer protocol (SMTP) as the protocol to transmit electronic mail and most business transactions. These transmissions have as much ... transactions are not limited to purchase orders, invoices, and contracts. This could become a n important to ol for informa tion vendor s and ......
  • Publishers, publishing and the Internet: How journal publishing will survive and prosper in the electronic age
    • Núm. 15-2, Febrero 1997
    • The Electronic Library
    • 125-131
    The role of the publishing process in adding value to, and disseminating, scholarship and research is independent of the means of output. It comprises the preparation and packaging of information i...
    ...... Publishers will have to acquire much more hands-on knowledge of, and navigation through, the laws of copyright and contract, especially in respect of the international legal aspects of electronic publishing; 4. Publishers will work more closely in ......
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Law Firm Commentaries
  • Electronic Signatures: Can You Automatically Enter Into A Binding Contract?
    • Mondaq UK
  • COVID-19 and "Electronic" Execution of English Law Documents
    • JD Supra United Kingdom
    In light of the on-going Covid-19 pandemic, many organisations are implementing remote working policies and limiting access to offices in order to effect social distancing measures. Notwithstandin...
    ......Notwithstanding the changes to usual working practices, organisations continue to enter into binding contractual arrangements with their commercial counterparties. From a practical perspective, remote working policies mean that authorised signatories may no ......
  • Email sign-offs – The far-reaching consequences email communication has on contractual obligations - E-signatures – to sign or not to sign off?
    • JD Supra United Kingdom
    In our respective businesses, thousands, if not millions, of emails are exchanged every month. Amongst the thousands of emails we send and receive, some may end up legally forming contracts, changi...
    ......Another British court has previously found that an email chain and electronic signature are sufficient to create a binding contractual guarantee. A first name, initials or perhaps even a nickname could be sufficient to bind a ......
  • Electronic signatures: a warning sign
    • JD Supra United Kingdom
    How do you sign your emails? If your name and contact details are automatically generated at the bottom of an e-mail, do you consider you have signed the e-mail and should be contractually bound by...
    ...... and contact details are automatically generated at the bottom of an e-mail, do you consider you have signed the e-mail and should be contractually bound by the contents? This was the issue for the county court in the recent case of Neocleous v Rees. The facts. The defendants had agreed to ......
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