Parties negotiating a contract and tempted to over-estimate their costs as a negotiating tactic could lead to a successful claim against them for fraudulent misrepresentation, and rescission of the contract, a recent ruling makes clear.
Parties negotiating contracts should ensure no clauses in the final contract are mere ‘agreements to agree’, as the courts will refuse to uphold them.
An employer must act reasonably towards an employee who has failed a drugs or alcohol test. It must take into account the employee’s record, what the employer’s policies say, any explanation given by the employee (and the possible need to investigate further) and the effect of any sanction on their future employment prospects, a recent ruling makes clear.
Parties negotiating an agreement should ensure it is comprehensive and clearly and unambiguously expressed, to avoid disputes about what it means and whether additional terms should be implied into it, as a recent case clarifies.
A landlord granting a head lease to a tenant who can then create assured shorthold sub-tenancies over the premises’ residential units, should ensure the lease requires the head tenant to serve a s21 notice to quit on the sub-tenants, if it is itself served with notice to quit by the landlord, a recent ruling makes clear.
Employers must give an employee a statement of terms, even if their employment is terminated before expiry of the two-month period for giving them such a statement, provided they were employed for at least a month, a recent ruling makes clear.
Trade mark owners should ensure they are making ‘genuine use’ of their trademarks given the nature of their products and business - particularly if it could be argued that they are only using their trademarked goods to promote another business – otherwise they risk their trademarks being revoked.
Businesses need to investigate whether individuals and other businesses negotiating and/or closing sales for them are their commercial agents, with consequential EU rights and protections, even if they work from the business’s premises and/or carry out functions other than their sales-related work.
Small businesses may find it easier to raise finance now that new laws say any provision in a business contract is void if it stops them raising money by assigning a ‘receivable’ to a third party, imposes conditions on an assignment or stops someone from valuing or enforcing the receivable.
Employers should start preparing now for major changes to employment law following publication of the Government’s proposals under its Good Work Plan.