Wills & Trusts Law Reports | Spring 2024 #194The claimant was the freehold registered proprietor of 7 Parkside Parade, Dartford, Kent (7 Parkside Parade). The defendant was managing director of a construction company called Earlswood Interiors Ltd (Earlswood Interiors). Earlswood Interiors carried out some work on the claimant’s home, a different property. There was an issue with payment for additional works. In April 2018 Earlswood Interiors had been owed £15,000 and had demanded that sum from the claimant. It was found that no unwarranted or illegitimate pressure had been applied to the claimant but she had felt under pressure to...
Lynsey Oakdene and Claire Acklam review recent case law on restitution ‘Proceeding to do business without a comprehensive written contract, and ultimately having to rely on a restitutionary remedy, can prove a false economy.’ Quantum meruit is a principle of natural justice which, in the absence of any other (contractual, tortious or statutory) cause of …
Continue reading "Contract: Give it back"
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Tamsin Baird analyses a judgment illustrating the dangers of oral agreements ‘The question was whether the parties’ words and conduct, when viewed objectively, led to a conclusion that they intended to create legal relations and had agreed all the essential terms for the formation of the contract.’ A recent High Court judgment has provided a …
Continue reading "Contract: Oral agreements: a formula for uncertainty"
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Gwendoline Davies and Claire Acklam ask whether a recent Supreme Court decision places a new ‘spin’ on rules for formation of contracts and implying terms ‘It is important to remember that contracting parties’ interests and understanding can differ and diverge.’ In Wells v Devani [2019] the Supreme Court has found that an oral contract was …
Continue reading "Contract: Safe as houses"
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Richard Marshall and James Harrison kick around a new case on implied contracts ‘HHJ Eyre QC stated that the further removed an activity is from physical participation in the sport, the more care is needed in considering whether persons involved in those activities have acceded to the rules of the governing body.’ There is a …
Continue reading "Contract: Special K"
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Rachel Lidgate and Maura McIntosh discuss a case on variations after a no oral modification clause ‘The law should and does give effect to contractual provisions requiring specified formalities to be observed for a variation, such as NOM clauses.’ In Rock Advertising Ltd v MBB Business Exchange Centres Ltd [2018] the Supreme Court has overturned …
Continue reading "Contract: Talk is cheap"
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Rob Aberdein looks at the judicial implication of contract terms ‘Parties and their lawyers should consider very carefully what exactly will trigger overage payments or other obligations and whether there is any scope at all for either party avoiding its commitments.’ Recent cases both north and south of the border have highlighted some of the …
Continue reading "Contract: It’s all in the timing"
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Miles Robinson and Zahra Rose Khawaja examine the need for airtight termination clauses to safeguard claims for damages ‘This is an important reminder to businesses in the procurement and outsourcing profession to pay close attention to the drafting of termination notices, and to factor in their common law termination rights in addition to the termination …
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Sapna Garg investigates a recent judgment with implications for business and share sale agreements ‘In cases of similarly worded clauses, a claims notification is unlikely to be valid if it sets out the circumstances giving rise to the claims and provides only a general indication of the various clauses which may have been breached.‘ The …
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Gwendoline Davies looks at the courts’ changing approach to interpretation of exclusion clauses ‘The Unfair Contract Terms Act (UCTA) can determine the enforceability of clauses which seek to restrict or exclude business liability in some commercial contracts, including the majority of supply contracts.’ The interpretation of exclusion clauses in commercial contracts has continued to prompt …
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