In this briefing we look at the lessons to be learnt from some
of the English contract law cases of 2018. With the exception of
the Supreme Court ruling on a case concerning variation clauses,
the cases we cover do not involve a major change in the law.
However, they are all useful illustrations of key points of
contract law for those drafting and managing contracts.
1. Formation and certainty of terms
Contract disputes often involve questions around formation of
contract - whether a binding contract exists between the parties
and whether the terms of the contract are sufficiently certain to
be enforceable. There were a number of cases in 2018 which
considered these issues and they all highlight the importance of
having a full and clearly documented agreement in place.
