Contract law – the latest developments

The courts continue to see a steady stream of contract law disputes ranging from contract formation to liquidated damages. This webinar summarises all the key developments and sets out a series of practical steps to take.

Topics covered include:

Contract formation:

• Can an exchange of WhatsApp messages give rise to a binding contract?
• Jaevee v Fincham [2025] EWHC 942 (TCC)
• Southeaster Maritime v Trafigura [2024] EWHC 255 (Comm)
• Can a thumbs up emoji constitute acceptance?
• Achter Land v South-West 2024 SKCA 115 – Canadian case
• Agreements to agree and reasonable endeavours
• Salem v Salem [2024] EWHC 3311 (Ch)

Exclusion and limitation clauses:

• Exclusion of ‘anticipated profits’ – EE Ltd v Virgin Mobile [2025] EWCA Civ 70
• Meaning of ‘aggregate liability’ – Tata Consultancy v DBS [2024] EWHC 1185 (TCC)
• Limitation clauses and set-off provisions – Topalsson v Rolls Royce [2024] EWCA Civ 1330

Liquidated damages clauses:

• Did a lender have a legitimate interest in inserting a higher rate of interest in the event of non-payment?
• Houssein v London Credit Limited [2024] EWCA Civ 721

Interest clauses:

• Meaning of ‘substantial remedy’
• A&V Building v J&B Hopkins [2024] EWHC 2295 (TCC)

Entire agreement clauses:

• Did an entire agreement clause successfully extinguish all previous agreements?
• Capgemini UK PLC v Dassault Systemes UK Ltd [2024] EWHC 2728 (Comm)