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The risks of renting

The majority of people at some point will rent a property and with tentative lenders, high deposits and an uncertain economy more are looking to rent.  Tenants face a multitude of potential pitfalls and it’s important to be clear where …

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Ending A Contract

A and B have formed a contract and A would like to end the contract. What can A do? There are 5 ways to discharge a contract: challenge to validity; frustration; agreement; breach; and performance Challenge to validity A can …

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Is putting ‘subject to contract’ in an email footer enough to stop a contract being formed?

Is putting ‘subject to contract’ in an email footer enough to stop a contract being formed? A disclaimer will be less effective if it is hidden in an email footer rather than obviously displayed. There is an assumption that two …

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Beware the oral contract

In the recent case of BVM Management Ltd v Roger Yeomans t/a The Great Hall at Mains and another, the Court of Appeal decided that an oral contract for a fixed two-year term contained an express term that it could …

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Drama at the Derby – Race to the finish

The recent Court of Appeal decision in the case of Arachi v. Fallon is a timely reminder that the law can act remarkably quickly when it needs to. The case also shows, once again, that a deliberate breach of contract …

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A case of mistaken identity

The Court of Appeal has recently decided that an agent who innocently misrepresents the name of his principal, when entering into a contract with a third party, should not be personally liable to that third party.  The facts of the …

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Expect the unexpected – Force Majeure

Why bother with a force majeure clause in a contract? If a force majeure clause is not included in a contract, then the common law doctrine of frustration may apply, which may not necessarily be satisfactory to the parties. If …

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Should I stay or should I go?

If you’re lucky enough to have negotiated a break option, it may be worth checking your lease and carefully considering the terms of the break clause.  Firstly, if you’re looking to move, you need to be sure the moving costs, …

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Corporate Solicitor on the small print

Companies’ small print is being put under the microscope by the OFT following a study examining what aspects of such contracts cause people difficulties and which in some cases could breach consumer protection laws. This would include instances where the …

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