Reference

Welcome to our legal reference area.

Terms such as those below form the basis of legal concepts, processes and legal rights.

Many of our clients have found them useful to familarise themselves with legal more advanced legal concepts which affect their legal position, rights and liabilities.

We hope you find them useful.

admissions in civil proceedings

Allocation to a Court Track: Notice of Proposed Allocation (Case Management in Business Litigation)

Application Notices: Making Applications to Court (process, hearings, court bundles)

assignment of contract rights, novation and assignment clauses

burden of proof and balance of probabilities in civil litigation (simplified)

case management conferences (directions hearings) under the CPR

causation of loss: law and damages (breaks in causation: novus actus interveniens)

causes of action (meaning, limitation periods, jurisdiction)

change of control clauses and termination

choice of law clauses in commercial contracts

chose in action

conspiracy law: conspiracy to injure and unlawful means conspiracy: liability of groups

Common Design in Intellectual Property Rights Cases (Torts and Joint Liability)

conclusive evidence clause (and manifest errors)

condition precedent

conditions subsequent (break clauses and early termination clauses)

confidentiality clauses (in business contracts)

consequences of termination clause (post-termination rights)

Contract Law: Basic Principles (privity, novation, termination)

Contract Law Basics: Making a Legally Binding Contract (and when it’s not)

consideration: contract law (meaning, types & purpose)

contractual lien clause: preserving security interests in property

counterparts clause

cumulative rights & remedies clause

default judgment (requests and court applications)

Doctrine of Precedent: Court Cases and Binding Judicial Decisions

entire agreement clauses in business contracts (exclusion of claims)

Fiduciary Duties and Breaches of Loyalty (legal liability in business relationships)

force majeure clauses in business contracts (and events outside reasonable control)

framework agreements (IT suppliers, technical support, software)

Civil Fraud: Fraudulent Misrepresentation in contract law (in business)

further assurance clauses: additional contract rights

Illegal Contract Terms: Business and Employment law Illegality (void and unenforceable agreements)

implied contracts (and differences with express contracts)

indemnity clause examples (intellectual property, third party, mutual, and ‘hold harmless’)

indemnity claims in contract law (liability for breach of warranty and damages)

independent contractor clauses (employees, agency and partnerships)

joint and several liability in contract and tort law (meaning and legal effect)

joint and several liability clauses: contract liability of multiple parties

jurisdiction clauses in business contracts

limited liability companies and piercing the corporate veil

Liquidated Damages Clauses (and unenforceable penalty clauses)

Misrepresentation in Contract Law: negligent, innocent and fraudulent statements (and the remedies)

law of mistake (common, unilateral and mutual mistake)

Mitigation of Loss in contract and tort cases (reducing damages in legal claims)

non-dealing clauses: enforceability of restrictive covenants (employment and contractors)

Confidentiality & NDA agreements (checklist)

non-poaching clauses and agreements: post-termination business protection

non-reliance clauses and pre-contractual misrepresentations (legal effect in business contracts)

non-solicitation clauses and agreements (post termination of employment and contractors)

notices clauses (contract notice provisions) in contract law

apparent authority / ostensible authority

partnership and agency clauses: meaning (liability for others)

differences between passing off and registered trade marks

performance of contracts: contractual obligations in business law

pre trial reviews: case management conference before trial

precedence & interpretation clauses in contracts (altering the interpretation of contracts)

Remedies for Breach of Contract (termination, damages, injunctions, specific performance)

reasonably foreseeable damages & remoteness of loss (the Rule in Hadley v Baxendale and consequential loss)

rescission: contract law remedy (bars, misrepresentation, mistake and fraud)

Secret Commissions & Profits: Third Party Payments to Agents and Employees

service of claim forms and court documents (by email and other methods)

set-off clauses in contracts: deductions to payments in business contracts (minimise liability)

setting aside default judgment (County Court and High Court Judgments)

Severance Clauses in contracts (striking out illegality in agreements)

statements of case (particulars of claim, defences, counterclaims, and amendments)

statements of truth: template wording (witness statements, particulars of claim)

stays of execution of judgment (stopping and suspending court litigation)

strict liability in tort law

applications to strike out (no claim, abuse of process, delay & restoration)

subcontracting clauses (delegation of contractual obligations to third parties)

summary judgment applications (defences, hearings & appeals)

survival of terms clause: preserving legal rights after contracts end

term of a contract clause / duration

termination clauses and notice of termination (exit and break clauses in contracts)

7 Ways to Terminate a Contract (and cancel agreements)

third party rights clauses: reversing privity of contract

time of the essence clauses in contracts (time a condition of performance)

tort of conversion

trade secrets: highly confidential information (and protecting business secrets)

variation clauses: changing contract commitments and obligations

vicarious liability (liability for employees and agents)

law of waiver and role of waiver clauses (loss of legal rights)

Without Prejudice & Save as to Costs (letters, conversations, meetings, emails)

In the event that you would like a term added, let us know and we will consider it for inclusion in our list at contact@hallellis.co.uk.