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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll