Contract Law Update

  • techUK techUK
    Thursday23Feb 2017
    Meeting notes
    Member only download

    Overview of the previous year's contract law cases and applying the lessons to be learned in an easy to understand way

Yesterday, 22 February, the Chair of our Legal Affairs Group Richard Stephens, provided the members attending the meeting not just with a recital of developments, but also a hands-on guide on how to apply the law as it is emerging and have a direct impact on practice.

Just by way of of example, the courts have wrestled with these and other concepts

  • just what do you need to do to avoid accidentally entering into a contract? the cases seem to be showing an even greater readiness by the judges to find a contract where the parties thought there wasn't one
  • how do you prevent your clients informally varying the contract - the latest on avoiding formal change control provisions
  • have we finally seen the death of "good faith" as a concept in English Law?
  • there have been movements too in the area of liabilities, with the courts considering the proper modern approach to drafting limitations and exclusions of liability
  • just what exactly is consequential loss?
  • after last year's major judgment on the rule against penalties, we are starting to see how the courts are applying the new law - sometimes not quite consistently
  • the courts are starting to look more thoroughly at termination and termination provisions - what is the relationship between common law and contractual rights to terminate?

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