The Moorcock (1889) LR 14 PD 64

Break Clauses: Rigour not reasonableness

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Christopher Morris sets out the current position on advanced payment apportionments and the law of implied contractual terms ‘The decision in M&S has had a tangible effect on property law and real estate practice.’ Just over a year on from the Supreme Court’s decision in Marks & Spencer plc v BNP Paribas Securities Services Trust …

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Construction Focus: Is your building contract complete?

John Starr discusses the various outside influences that make up a construction contract ‘Building contracts are not designed to be complete, even on their own express terms, still less in respect of outside influences, such as pre-contractual representations, or terms implied by law or otherwise.’ A building contract, like any other contract, is, to an …

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Practice: The long arm of the (common) law

John Bennett contemplates the extent to which the common law can regulate the tendering process The recent case law has, if anything, added more confusion to the implied contract argument rather than determining those circumstances where it will apply and the precise scope of the doctrine.This article outlines the development of UK common law rules …

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