TRG UPDATE - January 2020

Welcome to the latest issue of the TRG Update. First, a reminder that our annual ‘Commercial Contracts – Hot Topics 2020’ seminar organised in conjunction with the IACCM will be held, as in previous years, at the De Vere Latimer Estate Conference Centre on Monday 2nd March. The seminar, which features all new content covering the very latest developments, is always an extremely popular event and places are already in high demand. Last year feedback from the event was incredibly positive.

100% of respondents said they would recommend the course to colleagues;
100% of respondents agreed that they could begin applying what they had learned within their business.

Specific comments included:-

Pitched really well with amazing depth of knowledge
Fantastic seminar full of real life examples for useful application in the workplace – Excellent!

Places can be booked via the IACCM web site at https://www.iaccm.com/events/register/?id=3573

In this edition we feature cases on:

Repudiation of a contract
Implied duties of good faith
Auto generated email footers as ‘signatures in writing’
The meaning of ‘reasonable endeavours’

An archive of previous cases featured in our Updates is available here.

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Repudiation of a contract

Sanderson v Simton Food (High Court) [2019]

‘Repudiation’ [of a contract] is the term which describes the conduct of a contracting party which entitles the other to treat the contract as terminated at common law. Such a right to terminate can exist independently of express contractual rights to terminate... More>>>

Implied duties of good faith

New Balance v Liverpool (High Court) [2019]

The English courts have traditionally been very reluctant to imply duties of good faith into contracts governed by English law but this attitude seems to have changed significantly over recent years to the point where contracting parties seem to readily accept that such a term will often be implied. This is one such example where the court’s role was to determine what such an implied term required of the partie ... More>>>

Auto generated email footers as ‘signatures in writing’

Neocleous v Rees (County Court) [2019]

A contract for the sale or other disposal of an interest in land must satisfy the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 namely the contract must be in writing and signed by or on behalf of each party to the contract. In this respect the statutory provision is essentially the same as many contractual provisions that require a contract to be signed in order to be enforceable and require variations to be in writing and signed on behalf of both parties. The question was whether an automatically generated email footer containing the name and contact details of the sender constituted a signature ... More>>>

Reasonable endeavours

Gaia Ventures v Abbeygate (Court of Appeal) [2019]

Many contracts routinely contain obligations to ‘endeavour’ to do something. These seem to give rise to disputes quite frequently as to the precise extent of the obligation. This case is the latest example... More>>>

This email is intended as general information only and not as legal advice. If you require any advice, please contact us.

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TRG Updates contain practical summaries of important legal developments in commercial contract law, including information technology and related areas.

TRG BRIEFings are brief ‘alerts’ to key contract, technology and intellectual property related legal issues and developments.

TRG law specialises exclusively in the drafting, negotiation and interpretation of technology, outsourcing and commercial contracts.

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