Welcome to the 2019 edition of our Contract Law Review.
As in previous years, we have sought to distil the practical lessons to be learnt from the key contract law cases and legislative developments that have captured our attention over the last 12 months.
A key theme from the cases we’ve covered this year is that parties can find themselves in trouble as much for what they have left unsaid in a contract as for the express commitments they have made. Disputes are far less likely to arise if the parties confront and deal expressly with key commercial features of their relationship at the time of entering a written contract.
Similarly, a number of the cases show that parties may well find their legal position compromised if they do not speak up to clarify or reserve their position when the actions of the other party diverge from the written terms of the contract.
For more on these and other key issues we have identified, download our in-depth analysis.