The Business > Resources > OnHand Counsel's The Business: Legal briefing August 2014
OnHand Counsel's The Business: Legal briefing August 2014


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In this issue:

What is the meaning of the purpose?

Are you entitled to grouse over a misrepresentation?

The new Consumer Contracts Regulations

In this series of legal briefings I update you about recent developments in corporate or commercial law. Some of these briefings will hopefully resonate with some of you some of the time. I explain some of the context and background law, and perhaps give some specific tips. And maybe ramble or even rant a bit.

What is the meaning of the purpose?

No, really, what is the meaning of ‘the purpose’? This isn’t a deep philosophical question. It is an important question if it appears in an elephant clause in a non-embarrassment agreement, as in this recent case. Does ‘the purpose’ mean the sole purpose? The most important purpose? Any one of the purposes? Or something else? 


Rating system:
Reading time (1-10 minutes): 3 minutes
Sophistication level (1 (idiot) – 10 (expert)): 6
Entertainment value (1 (turgid) – 10 (side-splitting)): 5

Are you entitled to grouse over a misrepresentation?

In this case a Mr Erskine was looking to hire a grouse moor for commercial shooting. The hirer overstated the number of grouse (or grouses; but not grice). Mr Erskine later set up a separate entity, Cramaso LLP, which entered into the contract. The grouse shortage was discovered and Cramaso sued the hirer for misrepresentation. Did it succeed, bearing in mind that it didn’t even exist when the representation was made?


Rating system:
Reading time (1-10 minutes): 1 minutes
Sophistication level (1 (idiot) – 10 (expert)): 4
Entertainment value (1 (turgid) – 10 (side-splitting)):

The new Consumer Contracts Regulations

These came into force on 13 June 2014. They replace the Distance Selling Regulations 2000 and the Doorstep Selling Regulations 2008. They apply if you sell goods, services or digital content to consumers. They apply to in-store, door-to-door and telephone or online sales.


Rating system:
Reading time (1-10 minutes): 7 minutes
Sophistication level (1 (idiot) – 10 (expert)): 5
Entertainment value (1 (turgid) – 10 (side-splitting)): 2

All the best,
Andrew James
OnHand Counsel Limited
This newsletter is provided free of charge for information purposes only. It does not constitute legal advice (even if it looks like it does) and should not be relied on as such. No responsibility for the accuracy and/or correctness (I’m not sure what the difference is but that’s what my precedent says) of the information and commentary set out here, or for any consequences of relying on it, is assumed or accepted by OnHand Counsel Limited or by any solicitor, employee or agent of OnHand Counsel Limited, ie particularly me. You have not paid me to provide it to you and I do not owe you any duty of care whatsoever so why should I be liable to you if you go away and do something wrong relying on what I have said in it. If you want to do something and want to rely on my advice, give me some money! Thank you for reading this far.

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