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Thematic Index
Entries Categorized: Contract Formation (38)
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Assignment
Definition of Assignment In accordance with the work A Dictionary of Law, this is a description of Assignment : 1. The transfer of a *chose in action by one person (the assignor) to another (the assignee). By the rules of the common law, this was not permissible. If, for example, A was owed a [...]Bilateral Contract
Definition of Bilateral Contract A contract which involves each party in the negotiation of the terms.Breach of Contract
Definition of Breach of Contract In accordance with the work A Dictionary of Law, this is a description of Breach of Contract : An actual failure by a party to a contract to perform his obligations under that contract or an indication of his intention not to do so. An indication that a [...]Change Of Control
Change Of Control in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:During the course of a contract one party may change the structure of their company. In these circumstances the other party may wish to terminate the contract, for [...]Collateral Contract
Definition of Collateral Contract In accordance with the work A Dictionary of Law, this is a description of Collateral Contract : A subsidiary contract that induces a person to enter into a main contract. For example, if X agrees to buy from Y goods made by Z, and does so on the strength of [...]Company Contracts
Directors' interests in company contractsConfidentiality
Confidentiality in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:Some contracts deal with commercially sensitive information and the parties are likely to want to keep this information confidential. There should be confidentiality [...]Contract
Definition of Contract In accordance with the work A Dictionary of Law, this is a description of Contract : A legally binding agreement. Agreement arises as a result of *offer and *acceptance, but a number of other requirements must be satisfied for an agreement to be legally binding. (1) [...]Contract Execution
Contract Execution in Contract Formation In Pinsent Mason's words: Scotland Following a change in the law in 1995 in order to execute a deed only a signature is required. However to be formally valid a document should be subscribed by the granter and witnessed by one other aged person at [...]Contract for Deed
Contract for deed in the Context of Mortgages A contract in which the seller agrees to defer all or part of the purchase price for a specified period of time. Similar Terms Breach of contract Breach of contract The failure to perform provisions of a contract without a legal excuse. Contract [...]Contract of Record
Definition of Contract of Record In accordance with the work A Dictionary of Law, this is a description of Contract of Record : A judgment or recognizance enrolled in the record of the proceedings of a *court of record, implying a debt that arises from the entry on the record and not from any [...]Contractor
The Corporate Form. Introduction Refine your research by picking one of the below sections, including the The corporate relationships: the company and its members. The corporate relationships: the company and its members The company and contractors Find under this subsection information about [...]Contracts
Conclusion of missives in the Context of Mortgages Scottish term for exchanging contracts.Contractual Liability
Exclusion And Restriction of Contractual Liability Contractual liability in the Context of Mortgages The terms of a contract to which you must abide. There may be financial or even criminal penalties which you incur if if you do not meet your contractual liabilities. Similar Terms Contractual [...]Contractual Lien
Contractual lien in the Context of Mortgages A voluntary obligation such as a mortgage or trust deed. Similar Terms Contractual liability Contractual liability The terms of a contract to which you must abide. There may be financial or even criminal penalties which you incur if if you do not [...]Damages for Breach of Contract
Most Popular Entries related to Damages for Breach of Contract Remedies for Breach of Contract (in the United Kingdom) Remedies in Tort (in the United Kingdom) Remedies in Equity (in the United Kingdom) Remedies in Contracts (in the United Kingdom) Remedies in Administrative Law (in the [...]Damages in Contracts
Most Popular Entries related to Damages in Contracts Remedies for Breach of Contract (in the United Kingdom) Remedies in Tort (in the United Kingdom) Remedies in Equity (in the United Kingdom) Remedies in Contracts (in the United Kingdom) Remedies in Administrative Law (in the United [...]Description
Description in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:A specific description of the goods or services that will be provided under the contract including the level of service if the contract is for services. This section [...]Dispute Resolution
Dispute Resolution in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:The procedure to be followed if the parties have a dispute should be included. For example, if there is an option for arbitration or mediation where the issue [...]Employment Contracts
Directors' interests in company contracts Contracts of employment Find under this subsection information about Contracts of employment in relation to Directors' interests in company contracts.Entire Contract
Resources See Also See performance of contract.Force Majeure
Definition of Force Majeure In accordance with the work A Dictionary of Law, this is a description of Force Majeure : (French) Irresistible compulsion or coercion. The phrase is used particularly in commercial contracts to describe events possibly affecting the contract and that are completely [...]Implied Terms
Implied Terms in Contract Formation Certain terms may be implied into contracts by law, or by usage or custom. The Sale of Goods Act and the Sale of Goods and Services Act contain terms -according to Pinsent Mason's literature about Implied Terms- which are implied into all contracts for the [...]Indemnity
Indemnity in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:Indemnity clauses are an express obligation to compensate the indemnified party by making a money payment for some defined loss or damage. They provide for an immediate right to [...]Intellectual Property Rights
Intellectual Property Rights in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:Many commercial contracts include a clause stating who will own the intellectual property rights to any products provided under the contracts. This clause [...]Interpretations
Interpretations in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:Definitions and Interpretations - If there are any defined terms in the contract this section should provide specific and clear definitions. For example, a Business [...]Limitation Of Liability
Limitation Of Liability in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:This section caps the liability of either party to the contract. For example, 'Neither party shall have any liability to the other party for a claim of [...]Parties
Parties in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:The names and addresses of all the contracting parties should be clearly stated. Parties to crime This section offers a description about Parties to crime in the study of the [...]Quasi-contract
Quasi-Contract and Medieval Law Quasi-Contract and Legal History Resources See Also Imprisonment (in this legal Encyclopedia) Imprisonment (in this legal Encyclopedia) Pleas of the Crown (in this legal Encyclopedia) Bibliographies of English Law History Maxwell, William H. A Legal [...]Real Estate Contracts
Most Popular Entries related to Real Estate Contracts Real Estate Law (in the United Kingdom) Property Law (in the United Kingdom) Real Estate Law Career (in the United Kingdom) Real Estate Law Terms (in the United Kingdom) Real Estate Law School (in the United Kingdom) Real Estate [...]Remedies for Breach of Contract
Most Popular Entries related to Remedies for Breach of Contract Damages (in the United Kingdom) Damages for Breach of Contract (in the United Kingdom) Damages in Tort (in the United Kingdom) Damages in Equity (in the United Kingdom) Damages in Contracts (in the United Kingdom) Damages in [...]Standardised Contracts
Here are the latest version of standard wording and guidance to be used by public sector bodies and their advisors when drafting PFI contracts. Standardisation of PFI Contracts (SoPC) Version 4 (March 2007) This version of standard wording and guidance is to be used by public sector [...]Termination of Contract
Buyer's Right to Termination of Contract Note: see the Vienna Convention on Contracts for the International Sale of Goods 1980. Statutes Sale of Goods Act 1979 as amended in 1994 and 1995. Judicial Decisions Afovos Shipping Co. v. Pagnan [1983] 1 W.L.R. 195. Agricultores [...]Termination Provisions
Termination Provisions in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:The circumstances under which the parties can terminate the contract should be stated clearly. The procedure for giving notice to the other party should be in [...]Timescale
Timescale in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words:The specific timescale for the project should be noted including any deadlines that have to be met. This section should include any pre-agreed payments (or liquidated [...]Unilateral Contract
Unilateral Contract in Contract Law According to Questions & Answers Law of Contract: Law Revision and Study Guide (Law Questions & Answers, Oxford University Press), by Adrian Chandler and Ian Brown, Unilateral Contract may have the following meaning: A contract in which one party (the [...]Warranties
Warranties in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's words: It is common for the party providing goods or services under a contract to provide certain warranties in relation to the delivery of the goods or services. For example, if [...]In Perpetual Beta
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