Contract Law Update

An update on recent developments in contract law since January 2015, and covers (among other things):

The recent Supreme Court and Court of Appeal decisions in:

  • Arnold v Britton [2015] AC 1619 (contractual construction and the relevance of commercial common sense)
  • Marks and Spencer v BNP Paribas [2015] 3 WLR 1843 (test for implication of contractual terms)
  • Bunge v Nidera [2015] 3 All ER 1082 (quantification of damages and applicability of common law rules to a liquidated damages clause)
  • Cavendish Square v El Makdessi [2015] 3 WLR 1373 (when liquidated damages and other clauses will be void as penalty clauses)
  • Fulton Shipping v Globalia Business Travel [2015] EWCA Civ 1299 (quantification of damages and mitigation)

The new Consumer Rights Act 2015, replacing and modifying parts of the Sale of Goods Act and the Unfair Terms in Consumer Contracts Regulations in relation to consumer contracts

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