contracts

26

Jan

2024

Reasonableness of Exclusion Clauses in Hire Purchase Contracts Under Fire

Written by Julian Milan

In a ruling of particular importance to the motor sales industry, the reasonableness of exclusion clauses in hire purchase contracts which seek to avoid liability in respect of goods that are not of satisfactory quality has been thrown into doubt by...

12

Jan

2024

Supreme Court Delivers Blow to Trade Union in Delivery Riders Test Case

Carina Jheeta's picture

Written by Carina Jheeta

Are you an employee, a worker, or neither? The answer to that question could not be more important as it defines the rights you may or may not have. The Supreme Court tackled the issue in a case concerning food delivery riders, a trade union and...

30

Aug

2023

Authorised Push Payment Frauds – Bank Succeeds in Supreme Court Test

Written by Julian Milan

Banks are contractually bound to follow their clients' instructions and are not obliged to concern themselves with the wisdom or risk of their payment decisions. The point was made in a Supreme Court decision of great importance to the financial...

30

Jun

2023

Contracts Should Be in Writing

Written by Julian Milan

Claims that binding contracts have been reached orally or on a shake of hands are commonly made but are very hard to prove. A Court of Appeal ruling in the context of the drinks industry underlined the critical importance of engaging professionals...

09

Feb

2023

High Court Strikes a Delicate Balance in Public Contract Tendering Dispute

Ian Sheppard's picture

Written by Ian Sheppard

In public contract tendering disputes, judges are often called upon to strike a delicate balance between commercial interests and the benefits of awarding important public service contracts promptly. A High Court ruling provided a classic...

08

Aug

2022

How to Distinguish a Binding Contract From an Agreement in Principle

Roy Colaba's picture

Written by Roy Colaba

The difference between a binding contract and an agreement in principle, subject to further negotiation, could hardly be more important. However, as was shown by a High Court case concerning the proposed construction of an anaerobic digestion plant...

31

May

2022

Oral Agreements Can Be Uncertain at Best

Roy Colaba's picture

Written by Roy Colaba

Even where large sums of money are at stake, businesspeople all too often choose to dispense with professional advice and seek to reach oral agreements the legal status of which is very often uncertain at best. A High Court case concerning a...

08

Mar

2022

This is Why You Should Conduct Careful Due Diligence on Trading Partners

Dean Parnell's picture

Written by Dean Parnell

Companies that fail to perform careful due diligence checks on their trading partners expose themselves to the risk of becoming unwittingly embroiled in tax fraud. In one case, a telecommunications services company came perilously close to paying a...

09

Feb

2022

Uber and Other App-Based Cab Operators Must Contract With Passengers

Written by Julian Milan

An important feature of the business models of Uber and many other app-based cab operators is the contention that they have no direct contractual relationship with their passengers. In a landmark case, however, the High Court has ruled that, at...

13

Jan

2022

Spotlight on Terms and Conditions of Sale – are yours enforceable?

Roy Colaba's picture

Written by Roy Colaba

Most business owners understand how vital it is to have terms and conditions of sale in place to cover their sales of products or services to customers. Having well drafted and appropriate terms of sale benefits and protects a business in numerous...

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