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Contract guarantees get a 21st century make-over
04 Apr 2012A 300 year old Act of Parliament has been brought into the 21st century with a ruling by the Court of Appeal on how it applies to email communication, in a judgement that sounds a warning bell for companies negotiating contract guarantees. For the judgement opens the way to email exchanges being used instead of [...]
Online trading – get the detail right
01 Mar 2012Jonathan Waters, a partner in Hay & Kilner’s company commercial team, advises businesses on the importance of putting in place correctly drafted terms and conditions, particularly when trading online. This follows Tesco’s recent advertisement of the ‘£50 iPad’, which saw the new Apple product go on sale on the company’s website for only £49.99. News [...]
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Tighter control needed on overseas contracts
01 Feb 2012Jonathan Waters, a partner in Hay & Kilner’s company commercial team, is advising businesses to take care when entering into agreements with overseas organisations. Whenever there is a foreign element to a business relationship, for example when exporting or importing goods or services, the contract or terms of business must be clear about which country’s [...]
Victory for common-sense as judgment is given in long running battle over bank payout Courts should apply business common sense when interpreting commercial contracts according to a judgment delivered recently. The Supreme Court has ruled in the case of Rainy Sky SA and Others v Kookmin Bank, that when the wording of a contract could [...]