You are here

Contractual certainty

Mark Lucas and Alice Hallsworth consider the meaning of the term ‘purpose’ and the circumstances in which the prescribed mode of acceptance can be waived

10 January 2017

Last year brought many surprises and left some of us jaded. As the triggering of article 50 is debated in the Supreme Court, a review of some of the cases on commercial contracts from 2016 is a reminder that the courts, at least, generally do not surprise.

Over the year they once again reminded us to draft commercial contracts with clarity and purpose so that they are complete and their enforceability is not in question, and to ensure that there are clear termination events so that one need not rely on intervening events or force majeure. Purpose of a contract

In Starbev GP Ltd v Interbrew Central European Holdings BV [2016] EWCA Civ 449, the Court of Appeal looked at the meaning of the term ‘purpose’ in an agreement for the sale and purchase of a business. Was a subsequent transaction by the buyer ’structured or undertaken... with the purpose of reducin...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.