dcsimg

Formation – is there a contract?

A consideration of antique Islamic art

Victoria Williams

In Rock v MWB, the Supreme Court declined to deal with consideration. In Simantob v Shavleyan, the High Court had to grapple with it. The parties were art dealers and had settled claims relating to a dispute over the sale of antique Islamic art. Mr Shavleyan agreed to pay Mr Simantob USD 1.5m in full Read More

No Comments

Strike out: court rejects implied contract claim

Elizabeth Staves

The High Court in Standish v RBS  held that an alleged overarching agreement was unnecessary and therefore could not arise by implication. There was no breach of an implied duty of good faith and the claim was struck out as it was bound to fail. Standish were shareholders in a company which suffered financial difficulties. Read More

No Comments

Redressing the balance: Banks owe no contractual duty to customers in respect of regulator-mandated review

Jon Turnbull

Back in 2012 the FSA (now FCA) launched an investigation into mis-selling of interest rate hedging products. A number of banks agreed with the FCA to conduct a pro-active redress exercise. This required the banks to review their sales to non-sophisticated customers and provide redress where appropriate. Some customers – unsatisfied with the redress on Read More

No Comments

Is my document binding?

Jason Rix

Last week, Richard Hooley spoke to us about what makes an agreement binding. He began with a quote from Blue v Ashley (incidentally, the post on that case is the most read on this blog): “…no reasonable person present in the Horse & Groom … would have thought that the offer to pay Mr Blue £15 million Read More

No Comments

New Balance and Fellaini … have you signed on the dotted line?

Megan Betts

In Rosalina v New Balance the court found that, having considered the full run of communications, the parties only intended to be bound when all parties had signed.  As they had not, there was no binding agreement. An attempt to rely on an open-end duty to negotiate in good faith was void for uncertainty. Under a Read More

No Comments

Court of Appeal shows certainty to be its forte

Muir MacKean

In Openwork v Forte, the Court of Appeal confirmed that finding a clause lacks certainty is only ever a last resort. A provision, the overall effect of which is explicit despite its terms being incomplete, may still be sufficiently certain in effect to be enforced. Mr Forte, a financial adviser, had entered into a contract Read More

No Comments

Retro scooters: a licence to ride?

Adrian Dykes

In Scomadi v RA Engineering, the High Court construed a poorly drafted agreement against a licensor, meaning that the licensee could continue to manufacture the licensor’s retro scooter, even after the original agreement was terminated. Scomadi entered an agreement with Hanwei for the design and manufacture of a retro scooter. The agreement provided that Scomadi Read More

One comment

Grin and bear it. Your contract is your bond.

Nitish Upadhyaya

In Secure Capital v Credit Suisse, the Court of Appeal confirmed that an investor who purchased an interest in notes issued in bearer form did not have a direct claim for breach of contract against the issuer of the notes. Secure Capital had indirectly purchased “longevity” notes issued by Credit Suisse which were linked to Read More

No Comments

Uncertain but not unenforceable

Emily Davies

In Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services, the court found that (i) an ambiguous limitation of liability clause was enforceable and (ii) damages for wasted expenditure were distinguishable from damages for loss of profits. The Trust engaged ATOS to provide information management services. Unhappy with the performance of the system, Read More

No Comments

That is certain which can be rendered certain

Damien Ryan

In Vinci Construction v Beumer the High Court confirmed its reluctance to find contractual terms void for uncertainty. Vinci was engaged to carry out construction works at Gatwick airport. It subcontracted a portion of those works to Beumer. The subcontract contained sectional completion dates and liquidated damages if those completion dates were missed as set Read More

No Comments