header-logo header-logo

25 November 2016 / Andrew Burns KC , Ishaani Shrivastava
Issue: 7724 / Categories: Features , Commercial
printer mail-detail

Not just any contract…

nlj_7724_burns

Andrew Burns QC & Ishaani Shrivastava examine the implication & construction of contract terms following Marks & Spencer

  • The importance of the traditional tests for implied terms.
  • Commercial parties should not rely on the courts to correct contracts.

The circumstances in which courts will imply a term into a commercial contract and the Hoffmann approach to contractual interpretation has been a matter of controversy between practitioners, academics and even between judges in recent years. Marks & Spencer v BNP Paribas Securities [2015] UKSC 72, [2016] 4 All ER 441 gave the Supreme Court an opportunity to clarify this vital area of the law of contract. But has the Supreme Court’s gentle rejection of Hoffmann’s unitary theory of contractual construction taken the courts into calm or stormy waters in the months following its definitive rulings?

Has the Supreme Court’s gentle rejection of Hoffmann’s unitary theory of contractual construction taken the courts into calm or stormy waters?

Implied rent rebate?

The question in Marks & Spencer was whether a rent

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll