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Contract Law

Contract Law is the area of law most commonly encountered by citizens in everyday life. We all buy goods and services, we make deals with strangers and we work for employers based on certain terms and conditions. All these commercial transactions are governed by the law of contract. It is therefore hardly surprising that this is one of the most actively litigated- and most exhaustively examined- areas of law. Whether it is a dispute between a contractor and a property owner or a demand for money due and owing in a commercial transaction, people instinctively understand that contracts surround and effect them in countless ways every day. The posts below explore different aspects of contract law. Some of them describing the cutting edge of new caselaw. Others look back to precedents which can be hundreds of years old to illuminate current issues.

Walk this way

Certainty is good for business. Ireland has now produced a series of standard contracts for use in public construction and engineering projects.


Yes I did! No you did’nt!

Even in the midst of happiness there is dissatisfaction.



Jerry Yang of Yahoo did not need to read the judgment of the House of Lords in Walford v Miles (1992) 2 AC 128 to appreciate the principles of commercial negotiations.


Buying a House

To hand over the key beforehand is to hand over possession. If a purchaser gets possession before parting with the purchase money there is a great temptation to evade or delay the handing over of the purchase money, at least until it suits the purchaser.


Bid Rigging

It seems my post on bidding for public contrcts in the construction industry missed one element – bid-rigging.


Swinging in the wind

In fact a judicial system needs lawyers as much as any litigant.


A good cog?

Who, in the name of goodness, does the UK Roads Authority use to write its contracts?


Don’t come back

In truth, neither the contractors nor the public authorities seeking tenders genuinely know what the costs of such projects are; the tenders are guesses.


Public Procurement

These contracts are very valuable. They allow the person to whom the contract is awarded to, at the very least, pay the wages of the staff of the successful tendering company, say, during slack industry trading periods.


Maison d’Or

The judgment did not deal with the liability of the insolvent contractor, who, the evidence showed, had entered into a loan agreement with the architects, following the awarding of the work to the contractor, for the loan of £10,000 to them, without the knowledge of the Employer/Plaintiff.