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Results: 1-10 of 205

Developments in contract: Recitals and context
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

The recitals of an agreement can provide important context when it comes to construing the contract’s operative terms, even when the agreement


Developments in contract: Contractual discretion
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

For a number of years, English law has recognised a private law duty whereby a party exercising a contractual discretion must do so “reasonably” or


Developments in contract: "Negotiating damages"
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

Damages in contract are intended to place the claimant in the same position as he would have been in if the contract had been performed. In very


Developments in contract: Notices of claims
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

Parties are free to stipulate in their contracts that certain procedural requirements must be met in order to make a claim under warranties in that


Developments in contract: Good faith
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

Prior to 2013, English law had never recognised an implied duty of good faith in contracts, and primacy was given to privity of contract and the right


Developments in contract: No oral modification clauses
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

Commercial contracts commonly include provision that the agreement may not be amended except in writing signed on behalf of the parties. Such clauses


Developments in contract: Uncertain clauses
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

Contractual terms may be void if they are too uncertain to be enforceable. The court’s role is to give legal effect to what the parties have agreed


Professional advisors - the implications of the Work and Pensions and BEIS Committees’ report into Carillion
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

In our article Conduct Risk and Corporate Governance - lessons from Carillion we consider some of the corporate conduct issues highlighted by the Work


Developments in contract: Termination and loss of bargain
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

A contract may be terminated early by either exercising a contractual right to terminate (eg through a termination clause), or the common law right to


Risk to insurers of non-party costs orders: Travelers Insurance Company Ltd v XYZ 2018 EWCA 10
  • Simmons & Simmons LLP
  • United Kingdom
  • May 16 2018

In Travelers Insurance Company Ltd v XYZ the Court of Appeal upheld the trial judge’s decision to make a non-party costs order against an insurer in a