Managing Liability & Risk
Managing Business Risk and Terms of ContractsBusiness contracts may be used to improve on the general law and the rights of the parties to the contract. In this feature, we discuss management of intellectual property rights and how better rights may be obtained in business contracts.
Contract Terms
Corporate Management
Directors' Duties
Fraud & Deceit
Fraud, Dishonesty and the Tort of DeceitThe tort of deceit, which is used for legal claims involving fraud, is available to claimants wishing to assert that they have suffered damage as a result of reliance on lying and/or dishonest words or conduct
Fraud & Dishonesty
Contract Management
Contract Terms
Contract Management
Contract Terms
Contract Management
Substantial, Material and Fundamental Breaches of ContractBusiness contracts may name different thresholds for breach which give rise to a right to terminate in the document. Superior courts have considered the meaning of these different standards, which include 'fundamental breach', 'substantial breach' and 'material breach'. In this article, we consider the meaning of these terms in the context of commercial contracts.
Contract Terms
Contract Management
Remedies: Breach of ContractIn this article, we step though the remedies for breach of contract in the UK: damages; specific performance; injunctions; restitution, amongst others
Contract Disputes
Contract Management
Bringing a Contract to an End in the UKBreaking up can be hard to do. Commercial contracts sometimes create difficulty in when a party wishes to terminate; this may be avoided with a modicum of foresight and contemplation of what might happen in the event of fallout between the parties at the outset of the contract.
Contract Disputes
Contract Management
Termination Clauses and Notice under UK Contract LawTermination provisions of a contract set out the means by which a party may bring a legally binding contract to an end. The Court of Appeal considered whether service of notice of termination led to an automatic termination of the contractual obligations between the parties.
Contract Terms
Payment of Debts
Debt Recovery: Statutory Demands and BankruptcyStatutory demands are a tool used for debt recovery in the UK, and must be dealt with promptly. If they are not addressed early, it will lead to a presumption of insolvency when a petition for a winding up order is made.
Debt Recovery
Contract Management
Contract Terms
Contract Management
The Law of Mistake in the UKWhere the parties to a contract operated under a mistake when entering into the contract, the contract is voidable, or in certain circumstances, void.
Contract Terms
Managing Liability & Risk
Exclusion Clauses and Limitations of Liability in Internet Business ContractsExclusion clauses partly seek to exclude or limit their liability under the contract, by expressly stating that liability will not arise in a party or will be limited for a number or all defaults under the agreement on their part. Rules of interpretation of contracts state that exclusion clauses must be clearly expressed and unambiguous, or they will be ineffective.
Contract Terms
Judgment Debts
Disputes & Litigation
Contract Management
Contract Disputes
Setting up in Business
Debt Recovery
IP Ownership
Intellectual Property Protection
Information Theft
Contract Disputes
Industrial Espionage
Intellectual Property Protection
Restraints of Trade
Restrictive Covenants
Information Theft
Confidential Information
Information Theft
Ex-employee Competition
Asset Management
Regulatory Compliance
Contract Management
Contract Disputes
Contract Management
Terms of Contract and Penalty Clauses in English LawContract terms requiring a person in breach of contract to pay a sum of money may be a penalty clause or a liquidated damages clause. Several tests and presumptions have been developed over time that allow some clarify in making an assessment as to whether a contract term will be a penalty.
Contract Terms
Contract Management
Contract Disputes
Data Protection & Privacy
Data Protection
Contract Management
Contract Terms
Contract Management
Contract Terms
Contract Management
Contract Disputes
Contract Management
Contract Terms
Taxation
Companies: Internal Governance
Contract Management
Contract Terms
Taxation
Companies: Internal Governance
Maternity Benefits
Employment Law
Harassment
Employment Law
Sick Leave
Employment Law
Intellectual Property Rights
Regulatory Compliance
Defamation
Libel & Slander
Defamation
Intellectual Property Protection
Contract Management
Contract Terms
Gambling
Regulatory Compliance
Data Protection & Privacy
Data Protection
Ecommerce
Regulatory Compliance
Ecommerce
Regulatory Compliance
Contract Management
Regulatory Compliance
Contract Management
Regulatory Compliance
Ecommerce
Regulatory Compliance
Outsourcing & Procurement
Contract Terms
Contract Management
Rectification of ContractsRectification is a remedy whereby a court amends a contract due to a mistakes in contracts between the parties.
Contract Disputes
Data Protection & Privacy
Regulatory Compliance
Outsourcing & Procurement
Briefing Note - Outsourcing Software & Hardware Maintenance and SupportDisaster recovery, employees, change control, ownership of assets and non-competition provisions are worthy of consideration in outsourcing of technology projects. The annual ITtoolbox Outsourcing Survey (2004) found that cost saving (38%) and the need for technology, skills and equipment (21%) were the most important factors to companies looking to outsource processes.
Contract Negotiation
Contract Management
Sources of Implied TermsImplied terms form part of a contract although they do not form part of the express written terms of a contract...
Contract Terms
Contract Management
Contract Terms
Contract Management
Contract Terms
Data Protection & Privacy
Regulatory Compliance
Defamation
Libel & Slander
Accounting Requirements
Companies: Internal Governance
Buying a Business
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