Recent Developments in English Contract Law
By Garrett Hayes, Ross McNaughton & George Weston
This Stay Current focuses on four significant recent cases in England which may have implications for those looking to enter into any English law contracts and agreements, particularly in the context of mergers and acquisitions.
The first case considers some of the issues with clauses providing that a party must use best or reasonable endeavours, which are terms used in many agreements of all kinds, whilst the second case deals with the enforceability of certain restrictive covenants, such as those that might be given by a seller of a business. Another case, Barbudev, demonstrates the danger of relying on side letters or similar documents which do not contain all of the terms which will apply to a transaction. Finally, the case of Erlson deals with the buyers right to rescind a share purchase for fraudulent misrepresentation.