Tag Archives: Interpretation

Court of Appeal considers implied variation and good faith in relation to contractual rights of termination

The Court of Appeal has upheld a decision granting summary judgment to a defendant in relation to an allegation that it had wrongfully terminated a distribution agreement. The court rejected arguments based on contractual construction, implied variation and implied duties … Continue reading

Leave a Comment

Filed under Contract

Court of Appeal decision casts doubt on principles requiring narrow interpretation of exclusion clauses

The Court of Appeal has found that an exclusion clause in an engineering services contract was effective to exclude any liability on the part of the defendant engineers for identifying and reporting on asbestos on a development site. This was based … Continue reading

Leave a Comment

Filed under Contract

Article published – Contractual interpretation: continuity rather than change?

The past few years have provided an abundance of case law on contractual interpretation, including cases at the highest levels. These have sometimes appeared to pull in different directions, particularly on the respective roles of natural meaning and "business common sense" in … Continue reading

Leave a Comment

Filed under Announcements, Contract

Supreme Court on contractual interpretation: striking a balance between the language used and the commercial implications

In a judgment handed down yesterday (29 March), the Supreme Court has unanimously dismissed an appeal relating to the construction of an indemnity clause: Wood (Respondent) v Capita Insurance Services Limited (Appellant) [2017] UKSC 24. The Supreme Court emphasised that it did … Continue reading

Leave a Comment

Filed under Contract

Court of Appeal considers meaning of requirement to notify insurers “as soon as possible” after event likely to give rise to a claim

The Court of Appeal has confirmed that an insurer could not rely on a condition precedent relating to notification to avoid liability under a public and product liability policy: Zurich Insurance PLC v Maccaferri Limited [2016] EWCA Civ 1302. At first instance, … Continue reading

Leave a Comment

Filed under Contract, Miscellaneous

High Court considers requirements for demand under a guarantee

In a recent decision, the High Court enforced a demand guarantee against a guarantor who claimed that sums due had not been demanded in accordance with the guarantee's terms, including because an incorrect delivery method had been used: MUR Joint … Continue reading

Leave a Comment

Filed under Contract

High Court decision illustrates danger of using “all” in a negative clause

In a recent decision, the High Court had to consider the proper construction of a term which entitled the parties to rescind "if all of the Conditions have not been discharged" by the longstop date: Dooba Developments Limited v McLagan … Continue reading

3 Comments

Filed under Contract

Court of Appeal refuses to imply term where contract incomplete

The Court of Appeal has held, by a majority, that no binding agreement was reached between the seller of several flats and an estate agent, as the parties had failed to agree the circumstances in which the agreed rate of … Continue reading

Leave a Comment

Filed under Contract

Court of Appeal finds party confined to contractual remedy for breach of contract

The Court of Appeal has upheld a decision that a buyer under a long term gas sale agreement was confined to the contractual remedy of "Default Gas" and could not also pursue a claim in damages for the sellers' failure … Continue reading

Leave a Comment

Filed under Contract, Remedies

English law contracts post-Brexit: What changes should commercial parties expect?

The core principles of English contract law, such as interpretation of contracts and remedies for breach, will not be affected by Brexit and the key attractions of English law will remain. Brexit may, however, have implications for particular aspects of … Continue reading

Leave a Comment

Filed under Contract