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Key definition
Advertising definition

What does Advertising mean? Advertising, in legal practice, describes any communication by a trader intended to promote the supply or transfer of products (goods, services, digital content). Across England & Wales, Scotland and Northern Ireland, legislation implementing the EU regime on misleading and comparative advertising (notably the Business Protection from Misleading Marketing Regulations 2008) defines advertising broadly as any form of representation made in connection with a trade, business, craft or profession to promote the supply of goods or services, including immovable property, rights and obligations. In Ireland, equivalent implementing measures adopt a materially similar definition; usage is broadly consistent across the...

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English contract law in 2016: Court of Appeal and Supreme Court guidance on anti-oral variation, formation by conduct, termination, exclusion/limitation, Wrotham Park damages and deceit

Practice notes
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ARCHIVED: this Practice Note is archived, is not kept up to date, and is provided for background only. In addition, some links may no longer lead to the provisions as they stood on the publication date of the guidance...

Key contract cases for 2016—what do you need to know?

During 2016, the Court of Appeal and the Supreme Court addressed a series of significant contract issues. In this round-up, we consider:

  • the end of anti-oral variation clauses? (Globe Motors, Rock Advertising)—see below
  • creating contracts by conduct (Reveille v Anotech)—see below
  • when contracts must come to an end (MSC Mediterranean v Cottonex)—see below
  • limiting and excluding liability (Transocean Drilling, Star Polaris, Impact Funding, Nobahar-Cookson)—see below
  • when are Wrotham Park Damages available? (One Step v Morris-Garner)—see below
  • damages for deceit (OMV Petrom v Glencore)—see below

The end of anti-oral variation clauses? (Globe Motors, Rock Advertising)

Two judgments in 2016 from the Court of Appeal examined the effectiveness of anti-oral variation clauses. In Globe Motors v TRW Lucas Varity...

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