Contract – Page 5 – Law Journals

Contract: I can see clearly now… interpreting contracts post-Rainy Sky

Clare Arthurs and Sebastian Kokelaar assess the implications of a recent decision in the Supreme Court The bank’s interpretation was, arguably, commercially implausible, whereas on the claimants’ interpretation the whole of para 2 could be said to be redundant.In Rainy Sky SA v Kookmin Bank [2011] the Supreme Court revisited the principles governing the construction …

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Contract: Keeping the faith

David Sawtell looks ahead from the Medirest judgment ‘The clearest point to be taken from the Medirest litigation is that the court will scrutinise the express terms of the contract.’The High Court and Court of Appeal decisions in Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland (t/a Medirest) [2012]; [2013] have …

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Contract: Faith in the system

Alistair Maughan and Sarah Wells look at whether a duty of good faith can ever be implied into a contract? ‘English courts have long held that parties should have the freedom to contract in the way that they wish, and so have been reluctant to intervene and impose overriding obligations of good faith. However, two …

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Contract: Keep the faith

Helen Rose and Sean Ibbetson look at the lessons to be learned from Medirest Contracting parties may need to consider the effect of an obligation to act in good faith even where they have not agreed an express obligation to that effect.Obligations in commercial agreements to act in good faith are now common, particularly in …

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Contract: Hedging your bets

Andrew Savage and Andrew Waters consider the recent Court of Appeal decision in Standard Chartered Bank v Ceylon Petroleum Corporation Moore-Bick LJ’s judgment gives helpful guidance on the question of whether a transaction is hedging or speculation. The Court of Appeal’s decision in Standard Chartered Bank v Ceylon Petroleum Corporation [2012] is the latest in …

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Contract: The only way is up?

Siobhan Jones and Clare Arthurs assess the lessons to be learned from Scottish Widows v BGC International The courts cannot rewrite contracts simply because the parties failed to consider a particular eventuality or to provide for a particular circumstance, such as a falling rather than rising rental market.There is no such thing as the perfect …

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Contract: A quick two step

Dr Sam De Silva reviews the utility of step-in rights If the service provider is prepared to agree to step-in rights, it will most likely want to minimise the financial impact and delivery risks that arise when another party takes control.This article focuses on one aspect of outsourcing arrangements, which can be quite contentious, namely …

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Contract: Light work

Anthony Greenwood and Leanna Mailer report on the recent decision in Kingspan v Borealis ‘It is fair to say that the judge was not impressed by Kingspan’s “scattergun” approach. He observed that “the claim for misrepresentation as pleaded appears to cover practically everything said by Borealis to the claimants about Borecene over an extended period”.’The …

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Contract: It’s good to talk

Damian Cadman-Jones considers what to look out for when terminating contracts ‘If you terminate a contract part way through a minimum term then you will usually have to pay a cancellation fee.’OFCOM’s proposed ban on contracts for landline and broadband providers that tie customers into repeated minimum contract periods unless they opt out is most …

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Contract: Secret agents

Tom Collins looks at the impact of the Commercial Agents (Council Directive) Regulations 1993 ‘Fundamentally, it has to be shown that it is in the commercial interests of the principal to have an agent who will expend his own time, money and skill to develop the market.’The Commercial Agents (Council Directive) Regulations 1993 (the Regulations) …

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