Contract
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A buyer had not been in breach of contract when it refused to allow a seller to try to obtain planning permission for the buyer
Bristol Rovers (1883) Ltd v Sainsbury’s Supermarkets Ltd [2016] EWCA Civ 160 concerned a £30m deal to buy a football stadium and redevelop it as a new store. The parties’…
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Gartell & Son (a firm) v Yeovil Town Football & Athletic Club Ltd
Contract – Breach – Remedy – Respondent refusing to pay contract price invoiced by appellant for works to football pitches – Claim for unpaid sum dismissed on ground that unsatisfactory…
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G Park Skelmersdale Ltd v Electricity North West Ltd
Contract Construction
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G Park Skelmersdale Ltd v Electricity North West Ltd
Contract – Construction of deed – Grant of right for appellant to operate and maintain overhead electric line over respondent’s land – Requirement for appellant to pay compensation if notified…
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The Supreme Court has shaken up the law on penalties
The rule against penalties is an exception to the principle that parties are free to contract as they please. Is it still required and, if so, does it need to…
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Cavendish Square Holding BV v El Makdessi; Parkingeye Ltd v Beavis
Contract Penalty
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Cavendish Square Holding BV v El Makdessi; Parkingeye Ltd v Beavis
Contract – Penalty – Enforcement – Contract for sale of company – Parking charges — Whether certain contractual provisions in two contracts under consideration unenforceable as penalty clauses – Correct…
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The implication of a term into a contract should not add to the parties’ agreement. It should spell out only what the instrument means.
The question of whether a term should be implied into a contract arises when an instrument does not expressly provide for what is to happen when some event occurs -…
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NHS Commissioning Board v Silovsky and another
Contract Implied term
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NHS Commissioning Board v Silovsky and another
Contract – Construction – Implied term – Rectification – Claimant NHS Contract – Implied term – Rectification – Claimant seeking repayment of alleged overpayment in respect of defendant GPs’ cost…
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Parties who sign contracts on behalf of companies before they have been incorporated do so at their peril.
Section 36C(1) of the Companies Act 1985 provides that a contract that purports to be made by or on behalf of a company at a time when it has not…