Unilateral Contract in UK Law
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Contractual flexibility clauses must be clear and unambiguous to give an employer a right to make unilateral changes
In the case of Norman and others v National Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (“EAT”) confirmed that flexibility clauses in employment contracts which seek to give employer...... ... In fact, the provision said nothing about which party to the contract could amend it and how. The stipulation that significant changes would be notified to staff did nothing to change that, and was entirely consistent ... ...
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Barton V Morris: Where Contract Ends And Unjust Enrichment Begins
... ... He identified ... the unjust factor as 'failure of basis' and stressed that ... here there was a unilateral contract. That is, there was no ... obligation to provide the services and they had been provided on ... the basis that the sale would be above '6.5 ... ...
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Mandatory Changes Proposed To UK Government Contracts' Data Privacy Terms
... ... intends to write to all government contractors in order to make unilateral changes to all UK government contracts to comply with impending changes in ... of the relevant government contracts don't allow for unilateral contract variation. But the official policy is that all costs of compliance with ... ...
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Mandatory Changes Proposed to UK Government Contracts’ Data Privacy Terms
The UK government has announced that it intends to write to all government contractors in order to make unilateral changes to all UK government contracts to comply with impending changes in EU data...... ... intends to write to all government contractors in order to make unilateral changes to all UK government contracts to comply with impending changes in ... of the relevant government contracts don’t allow for unilateral contract variation. But the official policy is that all costs of compliance with ... ...
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No obligation imposed by use of "shall" in commercial referral agreement
Commercial parties often use the word “shall” to impose a contractual obligation. This Court of Appeal decision is an illustration of how the surrounding circumstances, including prior dealings, c...... ... PML and Motorplus then entered into a written contract (the 2007 Agreement) which stated at clause 1: ... “In consideration ... This was more consistent, said the court, with a unilateral contract (where PML would pay a referral fee if Motorplus referred a ... ...
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Jacobsen v Katzer And Kamind Associates, Inc - The Trainwreck Decision That Threatened To Derail Open Source Software
... ... Second, ... when interpreting a contract, a court may imply or disallow ... terms in certain circumstances to ... In their eyes an OSS licence starts as a ... unilateral contract - an offer made to the world by the ... author to use his/her ... ...
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Commercial Litigation Round-Up ' August 2023
... ... using the links ... 1. Contract law ... The Courts have been busy considering various issues relating to ... The case ... concerned a unilateral contract which provided for payment of a ... commission if a property was ... ...
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Contractual Flexibility Clauses Must Be Clear And Unambiguous To Give An Employer A Right To Make Unilateral Changes
... ... ("EAT") confirmed that flexibility clauses in employment contracts which seek to give employers the right to make unilateral changes to the contract's terms will be interpreted restrictively against employers ... In reaching its decision, the EAT overturned an Employment Tribunal's decision ... ...
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Not To Be Sniffed At: Lessons From The Mutu Affair
... ... Within weeks, Chelsea had terminated Mutu's employment contract for gross misconduct, a decision that came under much scrutiny. Mutu was ... of his contract, ruling that Mutu's behaviour constituted a unilateral breach of contract. The Committee permitted Chelsea to bring a claim for ... ...
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COVID-19 South Africa: Authorities' Stance Vis-à-vis Business Interruption Insurance
... ... Whether there is a term in the insurance contract permitting ... unilateral variation of the terms and conditions; (ii) ... ...
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