Subjects:

Commercial Law

Contents:

Commercial obligations - contractual offer and acceptance, express contractual obligations, implied contractual obligations, statutory contractual obligations, variation and breach of contractual obligations, misrepresentation, mistake, equity, tort and restitution, exclusion of liability

enforceability of commercial obligations - property and title, risk and frustration, insolvency

quantification of commercial obligations - the unpaid seller, the dissatisfied buyer, set-off

statement of case - claim and counterclaim

evidence - documents, expert evidence and witness statements

fast track procedure - interlocutory proceedings and summary remedies, fast track trials, costs and appeals.

The CPR means that claims under #15,000 are more likely to be contested, and practitioners will see a growth in work from sale of goods and contract disputes as a result. This comprehensive work is not a restatement of the rules; instead, it sets out the key law needed for commercial claims, with pertinent rules, pleadings and tactics.

With the control of costs comes predictability in the outcome of cases: a litigant knows the risk if his or her action is within the overall fast track limits. Why settle out of court on points where there is fundamental disagreement? Andrew Hogan is a practitioner in Nottingham chambers, handling commercial and other money claims.