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25 November 2016 / Andrew Burns KC , Ishaani Shrivastava
Issue: 7724 / Categories: Features , Commercial
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Not just any contract…

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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

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Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

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International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

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Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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