In this briefing we look at the lessons to be learnt from some
of the English contract law cases of 2019. Whilst the cases we
cover do not involve any seismic shift in the law, they do serve as
a useful reminder to those entering into contracts of some legal
pitfalls to be wary of. We also flag the discontinuance of LIBOR
and the impact of Brexit on contracts.
1. Formation and certainty of terms
Do you have a contract? Every year a multitude of cases are
brought to court which centre around the basic question of whether
a contract was ever actually formed. Even if it is possible to
identify an offer and acceptance, if its terms are unclear it may
not be binding on the parties. The cases we have selected below
highlight the importance of being clear as to when a contract has
been formed and what its terms are, particularly when one party has
started performing its obligations.
