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• 28 Apr 2022
• Research & Ideas

Can You Buy Creativity in the Gig Economy?

It's possible, but creators need more of a stake. A study by Feng Zhu of 10,000 novels in the Chinese e-book market reveals how tying pay to performance can lead to new ideas.

• 26 Jun 2020
• Working Paper Summaries

Weak Credit Covenants

Prior to the 2020 pandemic, the leveraged loan market experienced an unprecedented boom, which came hand in hand with significant changes in contracting terms. This study presents large-sample evidence of what constitutes contractual weakness from the creditors’ perspective.

• 13 May 2019

The Unexpected Way Whistleblowers Reduce Government Fraud

Even unfounded allegations by whistleblowers can force government contractors to renegotiate their terms, say Jonas Heese and Gerardo Perez Cavazos. Open for comment; 0 Comments.

• 23 Jan 2018

Transaction Costs and the Duration of Contracts

When buyers transact with sellers, they select not only whom to transact with but also for how long. This paper develops a model of optimal contract duration arising from underlying supply costs and transaction costs. The model allows for the quantification of transaction costs, which are often unobserved, and the impact of these costs on welfare.

• 20 Oct 2015

Internalizing Global Value Chains: A Firm-Level Analysis

Manufacturing activities that used to be performed in close proximity are increasingly fragmented across firms and countries. This paper provides strong evidence that considerations driven by contractual frictions critically shape firms' ownership decisions along their value chains.

• 27 Feb 2006

When Rights of First Refusal Are a Bad Deal

Contracts that include a right of first refusal usually benefit the holder of that right. But not always. New research by professor Alvin E. Roth and colleague Brit Grosskopf explains when it's wise to say no. Closed for comment; 0 Comments.

• 03 Mar 2003

Top Ten Legal Mistakes Made by Entrepreneurs

The life of a startup can be precarious, a wrong turn disastrous. Harvard Business School professor Constance Bagley discusses the most frequent legal flops made by entrepreneurs, everything from hiring the wrong lawyer to puffing up the business plan. Closed for comment; 0 Comments.

Contract Law

Contract-wrapped property.

• Danielle D’Onfro

Uber Technologies Inc. v. Heller

Supreme Court of Canada Targets Standard Form Contracts.

Williams v. Medley Opportunity Fund II, LP

Third Circuit Rules that Tribal Payday Lenders Cannot Compel Arbitration.

Doe v. University of the Sciences

Third Circuit Holds Pennsylvania Law Guarantees a “Real, Live, and Adversarial Hearing.

Zuckerman v. Metropolitan Museum of Art

Second Circuit Holds that the Holocaust Expropriated Art Recovery Act of 2016 Does Not Preclude Application of Laches Defenses to Nazi-Looted Art Recovery Claims.

Revealing Secrecy Tools

• Mark Fenster

Pseudo-Contract and Shared Meaning Analysis

• Margaret Jane Radin
• Robin Bradley Kar

Heimer v. Companion Life Insurance Co.

Sixth Circuit Invokes Contra Proferentem as Default Rule for Resolving Ambiguous Contract Provisions.

DirecTV, Inc. v. Imburgia

North carolina ass’n of educators, inc. v. state.

Repeal of Tenure Violates Tenured Teachers' Constitutionally Protected Contractual Rights.

Contract Law in Common Law Countries: A Study in Divergence

• Published: 14 July 2022
• Volume 43 , pages 133–147, ( 2022 )

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• Manasi Kumar 1 &
• Maren Heidemann 2  

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This special issue is the result of the 2021 co-operation between the London Centre for Commercial and Financial Law (LCF) and Jindal Global Law School (JGLS) in India. It has been a huge pleasure to work together on this three-part conference series in 2021 and to co-edit this special issue with the Liverpool Law Review. Both of us had been fascinated with the evolution of the common law of contract across jurisdictions for some years, which is perhaps natural as we are situated within common law jurisdictions. The journey that the original English common law took from its highly integrated life in an English jurisdiction held together by the Privy Council into a more and more loosely connected network of Commonwealth countries and their independent court systems and legislatures, resulted in a variety of emanations of contract law issues. Some countries have codified their contract law. Some countries practice an active reference to the traditional body of English case law. Other countries have civil law influence as well and operate a layered or mixed system of laws where concepts of both traditions come into play. Thus, our idea was to have an exploration into the diversity of approaches to contract law within common law jurisdictions.

Our conference series provided an opportunity for all those with an interest in contract law issues to delve into a comparative analysis. We invited participants to pick a topic along three broad themes—the formation of the contract, its substance and terms, and termination and remedies. Each participant contrasted the approach of two or more common law jurisdictions, with the UK necessarily being one of the chosen jurisdictions. What had initially been envisioned as a physical conference was pushed online due to the pandemic and spread out thematically across three separate virtual conferences. Although a decision taken amidst a great tragedy unfolding across the globe, this changed format turned out to be somewhat fortuitous as we were able to bring together many more people than we had initially believed possible, with the participation of eminent scholars and a large network of academics across countries on four continents. Some of our participants joined at ‘ungodly’ hours of the day or night and rescheduled classes in order to join our live online conferences. For this and the splendid work of our presenters, commentators and keynote speakers we are tremendously grateful!

Mindy Chen-Wishart started off the conference series by giving a keynote address to the first conference (on the formation of the agreement) in June 2021. Stefan Vogenauer held the keynote speech at the second conference (on the substance of the agreement) in September 2021, and Roger Brownsword was the keynote speaker at the concluding conference (on disputes arising out of the agreement) in December 2021. All the keynote addresses, along with other materials and clips, can be viewed for free on the dedicated LCF website. Footnote 1 At each conference, we had the pleasure of inviting eminent academics and scholars to serve as discussants to the papers presented—Nigam Nuggehalli, Hector MacQueen, May Fong Cheong, Nilima Bhadbhade, Stefan Vogenauer, David Cabrelli, Martin Hogg, Jan Halberda, Stelios Tofaris, Alexander Loke, Geraint Howells, Franco Ferrari and Sonal Kumar Singh. Their comments were insightful and of great value not only to the authors, but to all participants. Once again, we are indebted to all our keynote speakers and discussants for providing for lively debates at these events and for adding to the quality of the resulting papers as they are published here. We also thank co-founder and director at the LCF, Mads Andenas QC, who expertly opened and chaired many of our sessions and has been an invaluable supporter of this project.

We now turn to summarizing the key points made by the authors, and discussants, through the conference. Before we do so, though, we found it useful to organize this editorial not upon the conference themes, but instead based upon the kind of legal challenge that the papers were discussing. The inspiration for such approach came from Roger Brownsword, who, in his very thoughtful keynote address for the final conference, identified two competing mindsets in the English common law towards contract law, which led us to adopt a broader lens through which to view our project. The first mindset Brownsword identified, which he referred to as a ‘coherentist’ approach, is concerned with maintaining the integrity of doctrine in a historically consistent manner. The other, Brownsword referred to as the ‘regulatory’ approach. This mindset is more concerned with the functionality of the law and whether it is fit for the purpose for which it is devised. This was a very intriguing duality set up by Brownsword, especially as he noted that neither option appears particularly inviting.

The coherentist would be correct in stating that no legal tradition is capable of sustaining itself without a healthy regard for its inheritance and accepting some theoretical and doctrinal limits, even as it innovates to meet new challenges. The regulatory approach is also quite reasonable, as it regards the law not as a vaunted end in-of-itself, but as a means to accomplish certain societal goals. If the law is unable to provide answers to a new generation of questions and challenges, its continuation in the existing form is likely unjustified. Yet, both modes of thinking have substantial drawbacks in the midst of a dynamic and fluid commercial environment. The coherentist approach is perhaps a bit too wedded to the idea of coherence, which may result in the law becoming insensitive to changing realities or even being an entirely fictitious exercise, running the risk of a ‘doctrinal disintegration’ (Gilmore 1995 , p. 110). A similar outcome is likely to occur with a zealous regulatory approach that may have little regard for doctrine, fragmenting the law into myriad strands with no way to convincingly interact with each other.

Perhaps, however, instead of seeing these as two opposing perspectives, battling for dominance, it may be useful to see them instead as in conversation with each other. Doctrine is created to lend some sense to the law, in order to chart its progress and guide it through choppy waters. However, where the doctrine is straining to account for and accommodate commercial realities, its utility must be questioned—purity of doctrine must not be permitted to strain common sense. As Lord Wilberforce remarked within the context of contract formation: ‘…English law, having committed itself to a rather technical and schematic doctrine of contract, in application takes a practical approach, often at the cost of forcing the facts to fit uneasily into the marked slots of offer, acceptance and consideration.’ Footnote 2 It is here that the legal academic has a valuable role to play. When doctrine is fraying at the edges in courts, a doctrinal restatement can help evolve a more just and sustainable jurisprudence. Occasionally, the academic is able to delve deeper into underlying legal principles, identifying similarities between seemingly disparate areas of doctrine and thereby recasting the law within a new framework. Such exercises benefit the jurisprudence by providing courts with a thoughtful means to revisit their commitment to ‘technical and schematic doctrine’.

With this in mind, for the purposes of this editorial, we have organized the papers and conference proceedings in relation to the specific challenges they address. We asked ourselves, what doctrines are these papers challenging as being ill-suited to the modern world, and what are the proposed frameworks being suggested to revitalize doctrine in the face of these challenges? We found that, across common law jurisdictions, courts are struggling to fashion appropriate responses to the changes in the manner in which parties contract today, with the advent of the internet and the increasing contracting by minors in the digital space. There has also been a more open recognition of different contractual relationships, invoking the need for different doctrine; most notably within the context of the debates around ‘relational’ contracts and good faith in the UK. There also remain a few longer-standing critiques of doctrine resulting in some interesting divergences, such as the penalty rule, the treatment of unfair terms, the nature of pre-contractual representations and warranties, and frustration. We will take each of these in turn.

The Changing Manner of Contracting—Minors and the Digital Age

Concern about how parties contract is not new to the common law. In the twentieth century, it led to the rise of consumer protection laws, the advent of the unconscionability doctrine in the US, and the Unfair Contract Terms Act, 1977 (UCTA) in the UK. Brownsword described the UCTA as the result of a ‘crisis’ in common law, where most judges were unwilling to develop the common law of contracts to protect consumers in the face of adhesion contracts and, so, the legislature had to step in. In their paper, Dharmita Prasad and Pallavi Mishra demonstrate that, if anything, the ‘adhesiveness’ of the consumer e-contract is even more pronounced today, with the common law duty to read being made a mockery of with every click of an ‘I Agree’ button. Their paper lays out the travails of three jurisdictions in the face of this new millennial reality. US courts are putting their doctrine of unconscionability into the service of regulating onerous terms, while the UK courts seem relatively more hesitant to do so outside of the context of the UCTA. In India, the Indian Contract Act, 1872 being the product of the nineteenth century classical common law of contract, is largely silent on the issue of unfair terms. While the legislature has recently passed consumer protection legislation regulating ‘unfair contracts’ in consumer contracts, the Indian Supreme Court is trying to develop a broader contract doctrine of unconscionability, modelled upon the US jurisprudence. Although the Indian unconscionability jurisprudence is somewhat hesitant and inartful, Prasad and Mishra opine that a broader unconscionability doctrine may provide a necessary framework within which the Indian courts may develop a more meaningful jurisprudence regarding what constitutes unfairness within the digital sphere. Their approach was analysed by Stelios Tofaris who provided the wider context of legislative history of the Indian Contract Act where the struggle to achieve substantive fairness already played out in the nineteenth century debates. Tofaris pointed out that, while both the UK and Indian legislature have now opted for statutory solutions outside the traditional contract doctrines in modern times, the US concept of unconscionability as practiced there should not be advocated overly uncritically without giving due consideration of its limitations and failings.

The difficulties of e-contracting are exacerbated when paired with a kind of contractual relationship where one of the parties is objectively vulnerable. Minors are a classic example of a category of people that are deemed vulnerable by society, and the English common law has proceeded from that paternalism. As Shivangi Gangwar highlights in her paper, perhaps one of the most ignored modern sociological trends is the rapid, technology-fuelled expansion in the frequency and nature of minors’ contracting. Drawing lessons from South Africa, Gangwar argues for a broader flexibility, adopting a graded approach with limited contractual capacity permitted. Shaun Star and Divyangana Dhankar’s paper, meanwhile, demonstrates that, in comparison with the legal frameworks in Australia and the UK, the Indian law governing minors’ contracts is unduly harsh and outmoded, with Indian courts seemingly compelled to declare as void almost all contracts that minors enter. The Indian courts’ paralysis in the face of the relevant statutory provision has been met with some other legislative reliefs being provided. However, similar to Prasad and Mishra, Star and Dhankar are also not convinced that legislative action provides any panacea. Instead, they persuasively argue that piece-meal legislative enactments in India have actually created a larger incoherence within the area of the sports and entertainment industries, with entire swathes of contracts unregulated (e.g. with the rise of e-sports). Despite the increase in minors’ activities in the sports and entertainment industries, such minors will remain highly vulnerable in India, with only a limited right to redress found in constitutional protections, unless the Indian judiciary is willing to engage in a careful and principled re-evaluation of the general law of minors’ capacity to contract.

These papers demonstrate an interesting tension in the jurisdictions being scrutinized—especially in India. While legislative enactments are useful in providing redress, they tend to be targeted to specific problems. This may be useful as some classes like consumers, may be deserving of heightened protection. However, common law courts can benefit from a broader, and more flexible, general contract doctrine as they implement such legislative protections. In the worst case, the courts may end up implementing legislation that is scattershot in an unthinking manner, becoming party to a legal environment that does more harm to those it is meant to protect.

These papers, especially Gangwar’s, also throw up a question about whether the model of the beneficial/necessaries contract is even a satisfactory model in the face of e-contracting. The difficult questions of the best interest of the minor are often connected with acquisitions, such as in inheritance or marital cases, and services. Could such a framework also apply to a 16-year-old social influencer’s services and profit-sharing agreement with YouTube? Can that contract be adequately described as ‘beneficial’ for the minor or one for ‘necessaries’? Additionally, in common law countries, these matters generally seem to arise once there is a contractual dispute, and one or both parties have already invested time and resources into the contractual relationship. One wonders if a different framework, such as in Germany where such questions can be laid before the family courts in a non-contentious and ex ante setting, may be useful. In her comments to Star and Dhankar’s paper, May Feong Chong, mentioning the well-publicised US case of Brook Shields, reminded us of the potential long lasting impact of parental prerogative in relation to minors which is the default position in the above-mentioned German (civil) law, too. We cannot help but conclude that minors’ contracting capacity is a topic deserving of urgent and careful study to account for the recent shifts in behaviours.

Good Faith and Its Place Within Common Law

Contemporary debates in the UK about whether English common law recognizes a duty of good faith and what such good faith involves, invited quite a bit of attention by our participants. In her paper, Paula Giliker examines the developments in the duty of good faith in England and Wales, and Canada. She argues that the underlying principles accepted by the English and Canadian courts to promote good faith in performance could be extended to the negotiation phase, especially in Canada where the Supreme Court has been much more enthusiastic in its embrace of good faith as an obligation in the performance of contracts. However, Giliker demonstrates that any duty to negotiate in good faith not only cuts against the grain of the arm’s length bargaining posture, but will, more significantly, be difficult to measure and remedy. How much effort demonstrates good faith? And what is the measure of damages if such a duty has been breached? She suggests that perhaps the farthest the common law will go with regard to pre-contractual dealings is to prohibit the wilful stringing-along of another person and provide reliance damages. However, this too is not without its complexities in determining whether the intention of the person was to wilfully string the other along.

A further difficulty Giliker points to is that negotiations can either occur prior to a contract or be part of the contractual bargain in relation to some future moments in the contractual relationship. In the latter scenario, there may be some means for the courts to evaluate a party’s actions in relation to the transaction and their past dealings. This may particularly be so in the case of a ‘relational contract’, although such a term requires careful consideration of what are the defining features of such an agreement. However, it is more difficult to ascertain at what point a person’s self-interested negotiation tactics and strategies would be such as to deserve the sanction of courts in pre-contractual negotiations. Indeed, in more complicated contracting environments, there is frequently extensive pre-contractual documentation, which may even have been agreed to be ‘subject to contract’. There is an interplay between two questions here—at what point is the contract actually formed? And how much good faith may legitimately be demanded of a party seeking to protect and advance its interests?

In their paper on good faith within the construction industry, Saintier et al. propose using a ‘project-centric’ approach to lend more meaningful definition to the good faith doctrine. By taking the construction industry in the UK and Australia as case studies, they demonstrate that the common law’s failure to address the unique transactional arrangement at play has resulted in the construction industry having to self-regulate by way of suites of contracts. Of course, such an approach has its limitations, as ultimately parties rely upon the courts to resolve disagreements by deciding what the parties truly intended. Within the context of good faith clauses, UK and Australian courts are sympathetic to the cooperative nature of the endeavour but remain a bit wary of how to appropriately account for it within the ambit of the law. The authors argue that by adding the project into the list of considerations of what would constitute good faith, a certain objectivity would be achieved, which would help courts develop a more meaningful jurisprudence regarding what good faith means within the construction context. While Martin Hogg welcomed the use of express contractual terms in industry standard forms setting out good faith related duties in detail and agreed that the courts must do more to meaningfully implement duties of good faith, he wondered whether the project could have a separate existence, apart from the parties’ intention, or whether such an approach would subsume parties’ intent entirely.

What is most intriguing to us about Saintier et al.’s proposal is that they are persuaded that the doctrine of good faith has to be sensitive to the context of the specific contractual relationships at issue. They are not alone in this insight. Indeed, in a compelling keynote address for the first conference, Mindy Chen-Wishart had presented her and co-author, Victoria Dixon’s, argument that good faith is not alien to the English common law. According to them, there are three possible approaches which English courts could take regarding good faith moving forward, and four scenarios in which good faith has already found resonance in English decisions, although not explicitly recognized. They call this their ‘3 × 4 approach’. While they prefer the recognition of good faith in its ‘humble’ form as a credible and persuasive organizing principle, which explains various strands of English decisions, what is perhaps most intriguing is the underlying taxonomy of contractual relationships that the authors lay out—the ‘4’ in their ‘3 × 4 approach’. The authors identify four contractual relationships: (1) arm’s length; (2) symbiotic; (3) recognized vulnerability of one party; and (4) fiduciary relationships, with (1) and (4) on two ends of a continuum. (Chen-Wishart and Dixon 2020 , p. 212). They demonstrate that English decisions apply gradually escalating obligations of honesty, fair dealing, and respect for the contractual purpose, such that by the time a fiduciary relationship is in front of the courts, the parties are held to very high standards of care and regard for the other. The keynote was a good reminder that as the explorations of good faith doctrine continue, such inquiries can only be successfully conducted when situated within the appropriate context of real-life interactions. In other words, it is just as important to identify the relevant characteristics of the contractual relationships, as it is to identify the doctrinal features.

Returning to Saintier et al.’s ‘project-centric’ approach, then, we believe that their article also throws up questions not just for the ‘relational’ contract, but also the network—an area of scholarship pioneered by Gunther Teubner. A network may be broadly defined as ‘a combination of relational contracts close to the hybrid end of the spectrum [between market and organization] together with co-operative elements found in multilateral associations linked through bilateral contracts’ (Collins 2011 , p. 10). Such an arrangement throws up a contradictory mess of assessments where individual actors are engaged in self-interested commercial behaviour, but their self-interest is intricately tied to the success of the cooperation of the entire network. In order to bring any manner of harmony to this, it may be argued that the network is to be regarded as an entity outside any single bilateral contract, which is owed a separate duty of loyalty or good faith (Collins 2011 , pp. 14–15). We would add that this really nips at the heels of the judicial system for a more robust jurisprudential shift regarding networks, which throws up many questions for careful consideration. For example, Saintier et al. only raise the spectre of the ‘project’ for analysis of the meaning of good faith within the construction context. However, could one argue that the other parties to the construction project should be allowed to sue each other in spite of a lack of privity (Collins 2011 , pp. 15–16)? Although the privity rule has been much criticised, could the common law countenance such an abandonment? We would suggest that if cast as an exception to the rule within the context of a specific contractual relationship, i.e. the network, common law courts may be more willing to consider such arguments. But just as with the current debates surround the ‘relational contract’, the ‘network’ will first require a broader legal engagement and scholarship on its defining features.

The Penalty Rule

Although the common law appears to be in need of a serious engagement with the underlying taxonomy of contractual interactions and relationships, not all rests on such an inquiry. There remain several meaningful criticisms of prevailing doctrine even within the context of a simple, one-shot, arm’s length transaction. In such a context, the common law presumption is that parties should have the autonomy to arrange their own commercial affairs. However, this presumption has been undercut by the common law at times. One of the more contentious areas of this subordination of parties’ intention to other considerations can be found in the somewhat dissatisfying development of the jurisprudence around penalties. In 2015, the UK Supreme Court contended with this difficult history in the Cavendish-ParkingEye Footnote 3 judgment and expanded the application to protect the parties’ ‘legitimate interest’. In his fiery critique of the penalty rule, Larry DiMatteo demonstrates that there is an incoherence in the penalty rule when one surveys common law countries, indicating perhaps that the rule itself is one that belies reason. He notes that the cases also demonstrate a ‘commercial-consumer dichotomy’, with some common law jurisdictions adopting the ‘legitimate interest’ test only for commercial arrangements which do not involve consumers because, arguably, consumers’ reasonable expectations should not be subordinated to business interests as they fall into a different category of cases (a recognized vulnerability of a party as Chen-Wishart and Dixon would suggest). He urges the alternative framework of unconscionability, i.e. all liquidated damages should be enforceable unless they are found unconscionable. This framework would permit courts to evaluate factors such as relative bargaining strength to determine whether a clause constitutes an unenforceable penalty. However, just as Tofaris did with Prasad and Mishra’s paper, Geraint Howells questioned the workability of the unconscionability doctrine as a standard of the test for enforceability of a liquidated damages clause—a concern shared by Alexander Loke.

Joshua Teng and Kailash Kalaiarasu similarly engage with the penalty rule and the impact that the Cavendish-ParkingEye judgment has had in Singapore and Malaysia. They demonstrate that Singapore has resoundingly rejected the ‘legitimate interest’ test on the grounds that it departs from the compensatory principle, which takes as a starting point that there has been some damage to the non-breaching party for which it needs to be compensated. On the other hand, Malaysia is embracing the test. Teng and Kalaiarasu suggest that this may provide a way to avoid the judicial interpretation of the ‘reasonable compensation’ test contained in the Malaysian Contracts Act, 1950, which, much like its progenitor in India, has been struggling under the weight of judicial decisions that require proof of damages to assess whether the stipulated sum in the clause constitutes ‘reasonable compensation’. They further argue that, although not fully appreciated by the judiciary, the Malaysian statutory language actually contains a truncated process whereby a judge may reduce the contractually stipulated amount to a reasonable sum, as opposed to declaring the clause void in toto .

Teng and Kalaiarasu’s paper lends some additional force to DiMatteo’s main thesis that there is a fundamental incoherence in the English common law penalty rule—even as far back as the nineteenth century, English jurists had attempted to forcibly break ties with the home jurisprudence in the Indian Contract Act. The question is whether the common law can today find a satisfactory resolution to the tensions within the penalty rule. However, this is an area that does not necessarily permit easy answers. The unconscionability framework pressed by DiMatteo may need further engagement, the impact of the ‘legitimate interest’ test upon consumers requires attention, and the desirability of permitting a judge to reduce the penalty to a reasonable sum is deserving of consideration. This may be an area where we see more divergence in the common law world yet.

Unfair Terms

Several papers through the conferences were predominantly concerned with unfair terms. Although more concerned with assessing the manner in which jurisdictions are grappling with the lack of any negotiation in digital consumer contracts, Prasad and Mishra’s paper was concerned with the broader issue of consumers entering into unfair bargains. In his paper on the duty of good faith in standard form consumer contracts, Nicholas Mouttotos carries this discussion forward in another jurisdiction whose contract law follows the Indian Contract Act template—Cyprus. Mouttotos presents the reader with an interesting case study of a jurisdiction that is more wedded to the classical framework where procedural unfairness is an area of concern, as seen in the regulation of vitiating factors like fraud and coercion, but maintains an aloofness with respect to substantive unfairness. In fact, as Mouttotos points out, although Cypriot courts eagerly call upon English jurisprudence in contractual matters, they have steadfastly ignored the English courts’ advancement in the area of consumer protection. Thus, in Cyprus, the EU Unfair Terms in Consumer Contracts Directive is interpreted through a rigid, and somewhat archaic, English common law lens of requiring merely an absence of dishonesty. Although Mouttotos provides some hopeful examples of a shift in the Cypriot judicial approach towards increased consumer protection, his paper is an intriguing case study of the limitations of legal harmonization projects.

Mouttotos’ paper also reminds us that although other jurisdictions may be tied to the English jurisprudence through historic circumstance, it is no guarantee that modern English law will be accepted, closely followed or even properly understood. We can put Saloni Khanderia’s exploration of the Indian jurisprudence of fundamental breach in the latter category. In her paper, Khanderia shows that mid-twentieth century English jurisprudence that struck down unfair exclusionary clauses on the pretext of fundamental breach, and which was subsequently overruled in England, continues to be enforced by Indian courts. English courts gladly accepted the legislative intervention of the Unfair Contract Terms Act, closing the door upon their previous decisions now that they were provided with a new framework, which allowed them to deal with exclusionary clauses on their own terms without invoking the ill-fitting glove of fundamental breach. However, Khanderia demonstrates that the Indian courts appear to have completely misunderstood the current status of English law and the overreach committed by that earlier line of cases. Intriguingly, Khanderia concludes that Indian courts should call upon the UNIDROIT Principles of International Commercial Contracts as providing a set of indicia by which to ascertain whether a breach is fundamental, excluding recourse to English jurisprudence, which she characterizes as fragmented across statutory realms.

It is notable that both authors favoured the utilisation of supra-national rules to advance the national doctrine. And here, we must mention of Stefan Vogenauer’s excellent keynote address in the second conference, where he summarized some of the findings of an ambitious comparative study with which he is engaged, along with Mindy Chen-Wishart and others—the Oxford University Press project, Studies in the Contract Laws of Asia . The project has six planned volumes of which three have been published, and looks at thirteen Asian jurisdictions, which have inherited a western legal tradition through the process of colonization. The project evaluates how such laws have been received and in what form they have sustained themselves, if at all. In his keynote, Vogenauer summarized his categorization of the types of legal transfers that he found in the case studies of the various countries (Vogenauer 2021 ), which were written by experts in the domestic laws (Chen-Wishart and Vogenauer 2021 ). At times jurisdictions have rejected a legal principle (‘rejected transfers’), while at other times the principles have been reshaped to fit the local culture of the host jurisdiction (‘localised transfers’). Not all transfers are uneasy fits, however. Some concepts that have not been imposed upon the host jurisdiction nonetheless find their way in through caselaw (‘irrepressible transfers’), and in other places, despite the originator jurisdiction subsequently reviewing its own approach, the host jurisdiction remains wedded to the transfer (‘sticky transfer’). He noted that, by and large, the contemporary contract law jurisprudence in these jurisdictions is heavily influenced by the inherited western jurisprudence. For example, Asian jurisdictions with a civil law influence are freer with their use of good faith in their decisions, while the jurisdictions with a common law influence steer clear of such language, constraining themselves to inquiries into reasonableness. However, this path dependency is nonetheless tempered by the presence of ‘rejected transfers’ and ‘localised transfers’, which demonstrate a somewhat uneasy assimilation of legal traditions.

Within this context, then, Mouttotos and Khanderia’s papers appear to be illustrations of a kind of ‘sticky transfer’ as in both papers the jurisdictions (Cyprus and India) remain faithful to an English approach which has been subsequently discarded by the UK. As already noted, the reasons and motivations for such judicial hesitancy is not always apparent. Both jurisdictions have a statutory text with which they must contend, although some of this hesitancy may be the result of not closely following UK developments. We do not wish to suggest that these jurisdictions should follow the UK approach. It is merely interesting that both jurisdictions appear to espouse an affinity with English law, yet nonetheless diverge quite markedly in application. With such a conservative judicial impulse on display, we wonder if the use of EU directives or UNIDROIT principles can be expected to be successful. Indeed, in commenting on Mouttotos’ paper, Jan Halberda pointed out that even the UK had limited the scope of application of the EU Unfair Terms Directive in the context of banking practices, Footnote 4 by limiting the duty to include terms in good faith only to ancillary terms. This might be an exercise in ‘defending against’ what could be seen as a ‘legal irritant’. In light of these discussions, we were struck by the thought that the potential success of legal transfers is an area that is deserving of further attention and review. What are the circumstances that would make it more or less likely that a particular legal transfer would be successful? We believe that projects like Studies in the Contract Laws of Asia could hold interesting implications for such questions and, consequently, the design and implementation of future harmonization projects.

Precontractual Representations and Warranties

The division between tort and contract, and whether such division even exists, is perhaps one of the trickier modern legal quandaries. This is a matter of sufficient import as it surfaces in various contexts—such as whether all breaches of contract can be deemed negligent (Furmston 2017 , pp. 32–33), or whether a claim properly sounds in contract or tort. In their paper, Gautam Mohanty and Gaurav Rai grapple with this distinction within the context of pre-contractual statements and the appropriate measure of damages. They explore the distinctions between a contractual measure of damages and the tortious measure, and then compare the developments in the UK with Indian law, which they show is developing a different strand of thought. They argue that in India the statutory language for any claim arising out of pre-contractual misrepresentations, whether fraudulent or not, actually contains the contractual measure of damages, but one that is not constrained by foreseeability nor subject to liquidated damages clauses. As we understand their argument, the Indian Contract Act would justify treating material pre-contractual representations as both contractual—an indemnity of sorts, unhindered by arguments of remoteness of damages—and tortious insofar as the parties would not be permitted to negotiate the extent of their liability contractually. This is certainly an intriguing and novel argument. Although Mohanty and Rai’s paper was limited to the treatment of precontractual statements, Sonal Kumar Singh mentioned that there is perhaps some further exploration that is also desirable for conditions and warranties that are expressly incorporated into a sale agreement, and how they interact with the Indian Sale of Goods Act, 1932 and the measure of damages therein.

Coming to the written warranty then, Manasi Kumar and Nishtha Pant explore the contract-tort dichotomy in relation to express, written warranties by contrasting the developments within the US and the UK. Kumar and Pant demonstrate that US jurisdictions continue to grapple the long shadow cast by Samuel Williston, who characterized the warranty as a ‘quasi tort’ (Williston 1909 , § 197), in deciding whether reliance is a necessary element to prove a breach of warranty. However, in recent years, the issue of reliance is surfacing within the context of express warranties that are incorporated in the written agreement, which were understood even by Williston as being contractual in nature. As some US jurisdictions struggle with the dividing line between contract and tort, Kumar and Pant argue that the UK is creating an artificially stark divide between the two. UK courts have treated the warranty as a creature of contract for over a century, distinguishing it from a misrepresentation by putting the focus upon whether the speaker intended to undertake contractual liability. This has served the UK well so far in protecting the written warranty as a contractual term. However, today the divide is becoming almost impenetrable with the UK High Court contesting whether a written, incorporate warranty could ever even contain within itself the seeds of a representation, such that the UK Misrepresentation Act, 1967 could apply. It has been observed that there is nothing within the ‘law of nature’ that makes the warranty inherently a creature of tort or contract (Atiyah 1971 , p. 350), and this paper demonstrates that this inherent uncertainty continues to throw up challenges despite the approach taken.

On a related note, not only is the nature of the warranty at issue in a contract, but, as pointed out by Franco Ferrari, the nature of a dispute resolution clause is also one that is garnering attention and controversy. Speaking of choice-of-court and arbitration agreements, Ferrari raised another distinction within contractual clauses—procedural or substantive—and the impact that could have upon remedies. Footnote 5 If such a contract is classified as a procedural agreement, jurisdictions are unlikely to permit any damages for breach of contract. However, in jurisdictions that conceptualize the failure to abide by such a contract as breach of a substantive agreement, the logical conclusion is that contractual damages should be permitted, which opens up a host of interesting and related questions about the measure of damages.

Force Majeure

With the devastating and far-reaching impact of a force majeure event like Covid 19, it is no surprise that there is interest in the law of impossibility. In their paper on the law of impossibility in the UK and Australia, Sagi Peari and Zam Golestani—picking up on the ubiquitous and infamous question of timing in contract—argue that the proper understanding of the conceptual underpinning of the law of impossibility is that it is more akin to the doctrine of mistake, insofar as the parties did not reasonably foresee the dramatic supervening events at the time of entering into the contract. If the parties did not reasonably foresee the events—a high threshold according to the authors—then any interference discharges the contract, no matter how slight. We understand them as finding the ‘foundation of the contract’ to be the more appropriate juristic basis for the law of impossibility, rather than the currently favoured ‘radical change in the obligation’, which looks more at how the parties’ performance is being affected rather than whether the parties ever understood themselves to have undertaken to perform in these circumstances.

Peari and Golestani then critique the common law’s failure to permit the parties’ to return to the status quo ante . They argue that the law of unjust enrichment is called upon to assist but it is an uneasy fit, at best, as it depends on the absence of contract whereas in such situations there was most assuredly a contract at the time of contract formation. They argue that technically under contract law principles the loss should lie where it falls as the contract existed up until the point of discharge. But, according to them, where contract law is not useful, property law can step in by recognizing the parties’ proprietary interests in goods and money, necessitating a return of all property to the other party. The role and influence of the Law Reform (Frustrated Contracts) Act 1943 (the 1943 Act) was discussed in this context. Would legislative intervention be a favoured route to take? Our discussant David Cabrelli pointed out that not only is there little case law on the application of the 1943 Act to date, but commercial parties have resorted to extensive contract drafting so as not to leave anything to chance if it can be avoided and to place their own chosen solutions to unforeseen events in place of those in the 1943 Act.

The Role of Other Disciplines

As seen above, contract law is not a self-contained space and several of the papers demonstrate its interaction with different legal fields—whether tort (Kumar and Pant; Mohanty and Rai) or property (Peari and Golestani). But there is also a limit to what the judges can do. Ordinarily, where the answers to specific legal questions are dependent upon larger policy considerations that must be carefully weighed and considered, the courts defer to the legislative arm of the state. However, even in the absence of such legislative action, cross-disciplinary engagements like law and economics have proven themselves valuable and are worthy of consideration. For example, in his paper, Mitja Kovac argues that a law and economics approach actually provides a defence to the now-disfavoured mailbox rule of acceptance. Where doctrine has been commonly understood to have become anachronistic on account of the changed contracting behaviours of parties, Kovac argues that the orthodox mailbox rule contains the best allocation of risk between market players in order to promote efficient early reliance. And in a very interesting part of his paper, Kovac makes suggestions for future scholarship considering newer developments in the field of behavioural economics. He points to a study where the authors conclude that contracting parties seem to find real intention (a commitment to the deal) in specific, formal moments in the contract life cycle (e.g. signing, payment, possession), which has implications for how courts should understand consent, both in formation and performance of the contract. For example, with regard to debates about the proper role for contextualism and what weight should be given to the formal text, it has been suggested that the question is not whether to have a formalist or a contextualist approach, but rather ‘what degree of formalism?’ (Mitchell 2019 , p. 123). Perhaps as we look to answers to such a question, the field of behavioural economics may assist in identifying the contexts in which a higher degree of formalism more accurately reflects the parties’ intention.

Of course, none of this is to suggest that such approaches would necessarily be correct or persuasive, but that they are worthy of careful consideration. In fact, Kovac’s own thesis was distinctly challenged by our discussant Nigam Nuggehali who fondly recalled seminars on the subject during his time at Oxford which had centred on the morality of promises as the essence of the legal relationship initiated by contract, as outlined also in Chen-Wishart’s keynote speech, as opposed to its economic success or wealth maximisation. Nuggehali preferred to use the principle of estoppel to counteract any moral hazard issues. Hector MacQueen agreed, recalling his deliberations on the mailbox rule in his role as Scottish Law Commissioner. In addition to Mads Andenas observing the role of legislatures to decide the issue, Nilima Badhbade pointed out the further implications of courts’ jurisdiction depending upon the location of the acceptance, which in turn affects the practical procedural factors for a claim’s prospects of success.

If we had to summarize the essence of our project, it would be that this was an exercise in evaluating what, if anything, was a ‘common law’ approach to contract law in the new millennium. We are constrained to conclude that we are unsure. Our participants have deftly illustrated the different approaches taken to various issues around the common law world. Jurisdictions are not closely mirroring the English jurisprudence. Some prefer a more traditional English approach, while others eagerly innovate. English jurisprudence has itself undergone vast shifts and is in the midst of a few more. The gulf between these jurisdictions appears to, therefore, be widening. And we are left with even more questions and open avenues of investigation. But this development also brings with it an excellent opportunity. As the commercial realities shift and strain against legal doctrine, we have for ourselves an intriguing laboratory of related jurisdictions which we can monitor to observe which ones appear to have the most success in dealing with specific challenges. We, therefore, hope that further studies may continue and refashion a new question—what should a ‘common law’ approach to contract law look like in the new millennium?

Our free content can be viewed here: https://lcf-academic.org/lcfjindal-gls-conference-series-2021 . Full event recordings are available for a fee here:  https://www.eventbrite.com/e/357425237507 .

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These were two cases decided together: Cavendish Square Holding BV v Makdessi and ParkingEye Ltd v Beavis , [2015] UKSC 67.

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A prominent example remains Case C-185/07, Allianz SpA, formerly Riunione Adriatica di Sicurtà SpA and Generali Assicurazioni Generali SpA v West Tankers Inc. (Court of Justice of the EU, Judgment of 10 February 2009), where a breach of the contractual arbitration agreement occurred by filing proceedings in an Italian court—which in the instance was arguably the forum conveniens —and which could not be remedied by way of an anti-suit injunction issued by a UK court.

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Kumar, M., Heidemann, M. Contract Law in Common Law Countries: A Study in Divergence. Liverpool Law Rev 43 , 133–147 (2022). https://doi.org/10.1007/s10991-022-09312-8

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145 Contract Law Topics to Write about & Examples

Are you a law school student? This contract law topics list is for you! Here, you will find the most interesting concepts and legal issues to explore. Write an outstanding essay with the help of our law of contract assignment topics and samples!

🔝 Top 10 Contract Law Topics for 2024

🏆 best contract law topic ideas & essay examples, 👍 good contract law topics for essays, 📝 simple & easy contract law assignment topics, 📑 interesting contract law research paper topics, ❓ contract law essay questions, 🤩 law of contract assignment topics: benefits.

• The Elements of a Valid Contract
• The Doctrine of Privity of Contract
• Alternative Dispute Resolution Methods
• Fraud and Misrepresentation in Contracts
• How to Identify Unfair Terms and Conditions
• Remedies and Legal Recourse for Non-Performance
• Mental Incapacity and Its Implications in Contract Law
• Mistakes and Their Effects on Contractual Validity
• Which Contracts Must Be in Writing to Be Enforceable?
• E-Signatures, Online Agreements, and Legal Validity
• Contract Law: Car Buying Agreement and Fraud When considering the purchase of a car, one must be aware of the legal specifics of the process, as the case of Jim and Laura shows quite clearly.
• Contract Law: Sand Diego Case In this case the old contract is discharged and there is a substitution of anew contract By vicarious performance: It is open to the parties to have their contract performed vicariously by another person, provided […]
• Contract Law: Breach, Mutual and Unilateral Mistake The implication of this is that the contract would have ordinarily remained valid until the time the plaintiff moved to have it avoided.
• Contract Law: The Impossibility of Performance The paper will include a discussion of the elements of the impossibility of performance and the three situations where the defense can be used; and a discussion of commercial impracticability and its application to the […]
• Joint Liability Under English Contract Law If this is a case of common co-debtorship, D will have to sue A, B, and C jointly to claim the horse.
• Promissory Estoppel in English Contract Law In regards to the case between Brian and Harry, Harry won the case in which he claims a breach of contract by Brian.
• Misrepresentation Under Contract Law This case is a case of negligent misrepresentation because the finance officer made the statement without knowledge of the capacity because he had not gone to the building to ascertain the facts of what he […]
• UAE and UK Contract Law: Misrepresentation and Duress Contract law is the agreement that should clear identify the situation and help the parties be equal; misrepresentation and duress can influence the quality of the contract and have to be properly understood by the […]
• Importance of Role of Contracts in Sports Law One of the laws which play a truly vital part in the regulation of sports activities is the law of contract.
• English Contract Law: Fundamental Principles The buyer has an obligation to pay the price and the seller is obligated to transfer ownership to the buyer. Acceptance of the offer implies that there is an objective expression, by the recipient, of […]
• Contract Law: Nike, Inc. vs. Eugene McCarthy The United States Court of Appeals, Ninth Circuit affirmed the decision of the district court that Eugene McCarthy violated the agreement, provided potential harm to the company, and had to leave the position offered by […]
• The Duress Cases in Contract Law The court decided that the agreement was null and void because the wife did not receive adequate advice concerning the husband’s worth before or during the time she was required to sign the agreement.
• Business Law: Contracts With Intoxicated Persons It is the client’s goal to rescind the contract, and she can do so in correspondence to the capacity to contract and duress and undue influence.
• Business Laws in Contract Termination In the contract between the Commonwealth Government of Australia and Chill-Out company, dissolution can be applied because of the poor performance of the employed enterprise, as in the case of Abrams v RTO Asset Management.
• Woody Allen vs. Amazon Contract Law Case The reasons given by the court were that the defendant and the plaintiff settled their issues in private and the appellant withdrew the case.
• Contract Law: The Case Study The former decides to sue Johnny for breach of contract on the two commitments, buying the car and the $10,000 offer.
• Contract Law Cases: Suspicious Directors in Firms The legal duty of care assigned to the defendant is one that emerges independently of contractual responsibility, and expressly, in the absence of a contract.
• U.S. Contract Law: Basics A significant role in the emergence and development of the theory of the U.S. contract law belongs to the American jurists Langdell and Holmes.
• English Law of Contract: Theory and Examples This means that the finding of the painting preludes the obligation for paying the reward without the necessity of proof of offer acceptance.
• Contract Law: Alpha Bookstore’s Delivery Issues The area of law that this case relates to is contract law, and the bookstore has remedies for the problems with the contract and lost chance.
• Contract and Agency Law: Restraint of Trade A typical restraint of trade clause on an employment contract will be: The employee agrees that he or she will not, after the termination of the employment contract with the employer, either directly or indirectly, […]
• Contract and Agency Law: Overview and Analysis In the case of Carlill v Carbolic Smoke Ball Company, the court of appeal held that the advert made had all the requirements of an offer and was, therefore, an offer in itself.
• Singapore Contract Law Analysis Therefore, D & D shopping mall would be exempted from the damage of the car because they had referred to the clause in red.
• Researching the Law of Contract The offeror entails “the party making the offer while the offeree refers to the party to whom the offer has been made and a serious and objective intention on the part of the offeror must […]
• Contract Law: Selling Legal Encyclopedias Normally, a contract is established when the offeree and the offeror agree to the terms of their negotiation. In the above case, Carrie made an offer to sell a set of encyclopedias to Antonio.
• Law of Contract: The Case of James and the Kitchen Wizard Even though this was not included in the contract, the fact that James was made to believe that he was purchasing the items that he had wanted by the salesperson gives validity to the feelings […]
• Consideration of the Law of Contract In this case, John failed to fulfill his share of the contact thus Chen has this as a basis of not paying the high labor cost, the case says “John builds the extension but does […]
• Contract Law: Huang vs. Bill the Builder The main purpose of seeking compensation of damages resulting from a breach is to put the innocent party in its initial position if the breach had not occurred in the first place. Huang had clearly […]
• Contract Law and License: Review But there is also the matter of usage of already existing material and the contracts that are drawn up by companies to make a profit.
• Contract Law: Case Brief on Fiona vs. Black Tie The elements of a contract were all present in the contract that was between the Black Tie Dry cleaning and Fiona and based on the arguments and explanations the company is not liable to any […]
• Government Contract Law: The Case of Boston Shipyard Corp. MSC was aware that at the time of the formation of the contract, BSC was proceeding with a bankruptcy arrangement yet it signed the contract.
• Different Types of Contracts in Law It is a defense in the sense that the two parties had agreed to perform the contract but had not factored in such other contingencies that could render the whole or part of the contract […]
• Business Law: The Contract and Tort Law Under the contract of CG and Cambridge city, the offer was given by the city to the CG to collect the garbage in the area of 3000 households for three years with the expectation of […]
• Law of Contracts: Case No. CA06-1281 in Arkansas The most important aspect of a contract is the offer and acceptance where one party offers an agreement and the other accepts.
• Contract Law and Legally Binding Relationship The analysis of this case will tend to advise him on the next reaction relating to the competition which was in place, the contract and the letter that he received from the solicitors.
• Contract Law in Business and Consumer Protection When the couple approached the hotel manager, they were referred to the terms and conditions form they had signed as they checked in and one of the terms and conditions read that the hotel will […]
• The Contract Law: The Case of James and the Pet Toys There is a distinction between the day and moment that the advertisement was posted in the newspaper and the time that was taken for the letter to get to the manager.
• Law Illustrations, Legal Rights, Law of Contract At the same time, the customers of the company, and Thomas and Peter in particular, considered the advertisement to be an offer to the world at large.
• Acting in Good Faith: Contract and Agency Law To start with the validity of the contract should be analyzed; and in this case, the two contracting parties had agreed mutually to reduce the amount to a nominal amount of $150.
• Avoiding & Settling Disputes Under Sales Contract Law The major peculiarity of this problem lies in the following: the seller of the car officially disclaimed any liability for the injuries and repair costs caused by defects in the vehicle.
• Criminal and Contract Law in the Healthcare Sector It is therefore important for healthcare professionals to conform to the criminal laws and the terms and conditions of their contracts.
• Contract Law: Promissory Estoppel and Part Payment In the case of promissory estoppel, consideration has centered on the notion of exchange or bargain as a reasonable basis for the elucidation of what is meant by promissory estoppel in payment of consideration under […]
• Contract Law: Introduction to Legal Analysis and Writing It is on the basis of this information and other materials not mentioned in the case that he manages to convince Mr.
• Law of Contract: Aspects of the Lease Issue Manchester Citi Council, it was reaffirmed that although the Council may have not signed and delivered the documents, whereupon the customer had signed and delivered the documents for onward transmission to the buyer, the contract […]
• Three Articles on Contract Law Comparison The article examines substantial body of case law in the UK on the interpretation of Articles 3 and 4 of the Rome Convention on the law applicable to contractual obligations which emerged in 2000.
• Contract Law in Different Countries The applicability of certain laws therefore becomes the basis of a legal system and how this can be utilized in the greater complexity of certain involvements and participations. Lastly, conflicts of law and harmonization process […]
• Contract Law and Agreement in Business As the partnership involves financial issues, it is advised to create a contract to secure the operation and have a legal basis for possible complaints.
• Contract Law: Legally Binding Agreement With Minors However, the law allows a minor to enter into contracts for the supply of necessities if no adult can provide the necessities.
• Contract Law: Offer in the Acorn Computers Case It is a general rule that when an offer is made as was done by B supermarkets, the contract becomes binding the moment an acceptance is made by the offeree.
• Contract Law: Refund for Cancelled Trip Payments The problem was in the fact that Burt decided to cancel the vacation, and he needed to receive the refund related to the reservation payments.
• English Contract Law: Gibson vs. Manchester City Council Rather, it merely stated that the house “may be prepared to sell” and that the letter was not a “firm offer of a mortgage”.
• Contract Law: Foodmart Inc. vs. Masterpiece Construction The client will therefore have the right to repudiate the contract on the basis that the terms of the agreements have not been upheld.
• Contract Law and Its Management Consideration means what is exchanged between the parties to a contract to make the agreement valid. The contractor agrees to do the work by the set date and the client promises to compensate him for […]
• Contract Law: Main Line Pictures Inc. vs. Basinger In maximizing /minimizing the loss profit incurred, this amount should not be included because the film was not produced so the actual loss caused by Basinger not taking part in the film cannot be traced.
• Business Ethics and Contract Law While analyzing the nature of relationships between the supplier and Don from the ethical perspective, it is necessary to support the cessation of doing business with Don.
• Minors and Contract Law: Hallman vs. Lemke But if Jeremy’s actions and the act of entering into the contract was overseen with his parents or guardians in the presence of the sales personnel, the company will be able to sue for damages […]
• Contract Law in the United Arabs Emirates To understand the contract law through the prism of the UAE legal system, it is important to discuss the principles of the laws and provisions of a contract.
• Essential Contract Law: History and Theory The fundamental nature of a contract is a legally binding accord, that is, a reciprocal appreciation among the parties, in regard, to the essence of the contract.
• Business Management Affairs: Contract Law This report highlights the requirements and content of the contract, as well as the consequences for breach of contract by the judges.
• The English Contract Law: Terms and Classification To determine a legal contract, the courts look for the following into the contract; the transaction stage, which the transaction took, place, the importance that the representee connected to the declaration together with the skills […]
• Contract and Sale of Goods Law It is clear that Blackboard was aware of the purpose that PostersPLUS intended to use the vinyl film at the time the contract was entered into between the two firms.
• Contract Law: Breach of Contract and Remedies Available For any claim to contractual material breach to be successful, the injured party must establish that: indeed there was a contract; the defendant is indeed the right party to bring a claim, the contract was […]
• Contract Law Dispute: Defendant’s Motion As the judge in the case, I would rule in favor of the plaintiff and oblige the defendant to pay for the damages as requested.
• Rescission of a Contract in the Law of Contracts In the law of contracts, when a contract is rescinded, it means that the two parties to the contract have been relieved of their obligation in relation to the initial contract entered in the initial […]
• Contract Law: PepsiCo and a Harrier Jet Contest Prize The theory of objectivity in a contract implies that for an offer and acceptance to take place, the reasonableness of the offer and acceptance should be considered, thus other than the mutual consent of the […]
• Agreement and Contract Law in the United Kingdom
• Alive and Well: The Good Faith Principle in Turkish Contract Law
• Australian Contract Law Should Be Codified
• Business and Corporation Law: Contract Law and Dispute Resolution
• Contract Law and the Institutional Preconditions of a Market Economy
• China’s 2008 Labor Contract Law: Implementation and Implications for China’s Workers
• Comparing Chinese Contract Law and English Contract Law
• China’s New Labour Contract Law: No Harm to Employment
• Conflict Resolution in the Australian Contract Law
• Creditor and Debtor Relationship in Contract Law
• Contract Law and the Doctrine of Consideration in the United Kingdom
• Economic Reasoning and the Framing of Contract Law
• Contract Law and the Governance of Inter‐Firm Technology Partnerships
• Efficient Third Party Liability of Auditors in Contract Law
• Contract Law and the Self-Enforcing Range of Contracts in Agriculture
• Embedded Options and the Case Against Compensation in Contract Law
• Contract Law: Elements and Specific Terms in Business Contracts
• Faulty Goods and Unfair Contract Exclusions: Cases of English Contract Law
• Contract Law Enforces the Right of Contractual Freedom
• Good Contract Law: Termination or Renegotiation of Contracts
• Contract Law From Christian Worldview Perspective
• Insurance Contract Law and the Concepts of Misrepresentation and Non-disclosure
• Contract Law From Law and Economics Perspective
• International Business Climate and Germany Partnership, Agency, and Contract Law
• Contract Law: Legal, Ethical, and Social Issues in Computing
• Law for Engineers: Analysis of Contract Law
• Contract Law, Mutual Mistake, and Incentives to Produce and Disclose Information
• Multilateral Reputation Mechanisms and Contract Law in Agriculture
• Contract Law: Privity and the Rights of Third Parties
• Mutual and Unilateral Mistakes in Contract Law
• Contract Law: Process, Components, Methods
• Quase Contracts Under Indian Contract Law
• Contract Law Questions Regarding the UCC and UCITA
• The Just Price Doctrine and Contemporary Contract Law: Some Introductory Remarks
• Contract Law, Social Norms, and Inter-Firm Cooperation
• The Past Flaws and Issues of UK Contract Law
• Contract Theory and the Limits of Contract Law
• The Postal Acceptance Rule in Contract Law
• Understanding Contract Law and How to Form Contracts on the Internet
• Comparing Verbal Agreements and Contract Law
• What Is the Meaning of the Contract Law?
• How Can the Terms of Contract Law Be Violated?
• What Are the Past Shortcomings and Problems of UK Contract Law?
• What Is the Principle of Good Faith in Turkish Contract Law?
• How Will Contract Law Apply?
• What Are the Legal Consequences of Australian Contract Law?
• What Is the Difference Between Agreement and Contract Law?
• What Is the Essence of the New Labor Contract Law in China?
• What Are the Implications of China’s Labor Contract Law for Chinese Workers?
• How Does China’s New Labor Contract Law Ensure No Harm to Employment?
• What Are the Rules of Contract Law?
• How Does Australian Contract Law Resolve Conflicts?
• What Ethical Issues Does Contract Law Raise?
• What Are the Main Aspects of Contract Law?
• How Can You Explain Contract Law From the Point of View of Law and Economics?
• What Is a Precedent in Contract Law?
• What Are the Basic Principles of Contract Law?
• How Does Contract Law Govern Interfirm Technology Partnerships?
• What Is the Role of Contract Law in Agriculture?
• What Are the Elements and Special Conditions of Contract Law?
• How Can You Explain Contract Law From a Christian Perspective?
• What Are the Consequences of Violating the Terms of Contract Law?
• How to Avoid Mistakes and Fraud in Contract Law?
• Contract Law: What Are the Requirements for a Contract?
• What Is the Relationship Between the Creditor and the Debtor in Contract Law?
• How Contract Law Affects Small Businesses?
• How Can You Analyze E-Business Contract Law?
• What Are the Elements of Contract Law?
• How Does Contract Law Govern Sales Agreements?
• What Is the Contract Law Worksheet Assignment?

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112 Contract Law Topics & Essay Questions with Answers

Contract law governs relationships between individuals and organizations. This list of contract law topics will guide you into the complex world of contractual agreements. Read these contract law research paper topics to learn the contract formation principles. You’ll also find the most interesting contract law essay questions and answers!

📜 TOP 7 Contract Law Topics

🏆 best contract law research paper topics, 🧐 contract law essay questions and answers, 🎓 interesting contract lae essay questions, 💡 simple contract law topics, ❓ examples of contract law essay topics.

• Law of Contracts: Everything You Need to Know
• Consideration in the Law of Contract
• Contract Law: Legal Case Studies
• Contract Law: Analysis of the Concept
• Contract Law: Rental Property Lease Agreement
• Contract Law: Hamer v. Sidway Case and Court Decision
• Legal Liability: Tort, Terms of a Contract, or a Statute and Law
• Contract Law: A Claim Against the Subaru Dealership The issue here is if the petitioner has a claim against the Subaru dealership for breach of contract and the actions, under contract law that she can bring against the dealership.
• Aspects of the Law of Contracts The paper discusses the law of contracts. Since the couple did not enter into a contract, they are not obliged to make further payments for the car.
• Acceptance of Offer Under English Contract Law In the case of offers made through public advertisements, the offer made by the person is not directed to any particular individual but to the world at large.
• The Use of Contract Law in the Sports Industry This article provides two annotated bibliographies that can be used when writing a paper on the use of contract law in the sports industry.
• Unidroit Contract Law and Islamic Law In 1994, UNIDROIT published the first set of principles to harmonize private international law. An updated version of the regulations was published in the year 2004.
• Business Law: Consent and Contract Enforceability This paper aims to discuss a lack of voluntary consent as a key defense to contract enforceability and provides a historical analysis of the topic and outline cases.
• The Effects of Contract Law on the Country’s Economy The study establishes the impact of contract law on the economy of the country. The economy of a country is majorly composed of trade and employment.
• Contract Law Case: Nursing Home vs. Paul The paper discusses if the nursing home wants Paul to pay for the Bill of Max’s Care, will they succeed and will Paul be responsible.
• Contract Law: Comedy Club, Inc. v. Improv West Associates The agreement between Improve West associates’ and the Improve Comedy Club prohibits the Improve Club from opening any non-improve clubs till 2019.
• Contract Law: Josh Hartly’s and the Car Dealer Case This essay examines a case study that outlines the nature and application of the mutual mistakes policies in a contract law. Both Josh and the sales person enter into the contract.
• The Dutch Business Law: The Performance of a Contract The performance of a contract is made either wholly or partly. Courts give the contract meaning through interpretation of the terms agreed by the parties.
• International Trade Law: Cif Contract CIF contracts are one of the most popular trade agreements between a buyer and a seller in the sphere of international trade when sea carriage is used.
• Business Law: The Terms Used in a Contract The paper states that understanding the terms used in a contract between business partners, buyers, sellers, and other parties is essential.
• Contracts in Corporate Law: Role of the Uniform Commercial Code The Uniform Commercial Code governs corporate businesses; it dictates how contracts are to be formulated, their extents, and how breaches should be addressed.
• The Common Law and the Contract Signing The breach of a contract can lead to heavy consequences for either party. The common law is far stricter about the contract signing than the UCC.
• Contract vs. Tort Law in the United States In modern society, there are several legal concepts applicable to various situations. This essay will analyze tort law and contract law and their similarities and differences.
• Civil Law Groups: Family Relations, Property, Contracts, and Tort Civil law cases usually involve disagreements or conflicts between people and organizations, primarily over financial matters.
• Researching the Contract Law Having knowledge of contract law is quite significant for everyday life as people are prone to enter into contracts more often than not.
• Understanding of Contract Law The contract law establishes the framework wherein parties can determine their rights, responsibilities, and powers towards each other.
• Elements of a Contract: Commercial Law for Employees The elements are a requisite for a contract to be enforced. Failure to prove any of the elements renders the contract voidable, thus it cannot be enforced.
• Contract Law Case: Charlie vs. Best Bargain This paper discusses will Charlie prevailed against Best Bargain Stores after he was denied a load washer for $1.00 that was advertised.
• Contract Law for the Most Common Types of Businesses Sole proprietorship, partnership, corporations, and LLC all have their specific procedure for contract creation.
• Business and Corporate Law: Defenition of Contract The laws that give rise to various types of contracts include the constitution, the statutes, regulations from administrative agencies or court rulings on disputes.
• Contract Law Case: Reliabuild vs. Bill The paper discusses if Reliabuild claims the $350,000 from Bill as damages for breach of contract, Will Bill succeed in his defense.
• Contract Law and Consumer Protection Act A contract is a legally binding exchange of promises or agreements between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda.
• Contract Law: 1861 Group, LLC v. Wild Oats Markets, Inc. 1861 Group, LLC v. Wild Oats Markets, Inc. Cases are so helpful in today’s society whereby parties are advised not to limit their negotiations on the act of faith.
• Law Contracts and Ways to Break the Contract The contract can be perceived as a bond between two parties that is based on reciprocal agreements and is expected to be followed by the parties involved in it.
• Contract, Violations, and the UAE Federal Law The paper contains a contract agreement made between the Abu Dhabi Government and the Borat Construction Company and explores the issues following the signing.

In this section, we invite you to have a look at several contract law questions and possible answers. However, note that these issues are complex and require a thorough understanding of contract law principles. You would need to refer to authoritative sources for in-depth analysis. But now, let’s get inspired!

• China’s New Labor Contract Law: State Regulation and Worker Rights in Global Production Networks
• “Smart” Contracts as the Beginning of the End of Classic Contract Law
• Contract Law and the Institutional Preconditions of a Market Economy
• Having the Cake and Eating It Too: Efficient Penalty Clauses in Common and Civil Contract Law
• Understanding Contract Law and How to Form Contracts on the Internet
• Alive and Well: The Good Faith Principle in Turkish Contract Law
• Insurance Contract Law and the Concepts of Misrepresentation and Non-Disclosure
• Third Party Rights Under UK Contract Law: A Critique of the 1999 Act
• Contract Law From Law and Economics Perspective
• The Pros and Cons of the Law Reform Commission Recognizing the Doctrine of Unfairness in Contract Law for Consumer Protection in Irish Law
• Economic Reasoning and the Framing of Contract Law: Sale of an Asset of Uncertain Value
• Contract Law and Economics: Cycles and Equilibrium in the Cannon of North American Legal Thought
• Efficient Third Party Liability of Auditors in Tort Law and in Contract Law
• Contract Law and the Governance of Inter‐Firm Technology Partnerships: An Analysis of Different Modes of Partnering and Their Contractual Implications
• The US Federal Circuit and the Contract Law: The Factor Behind Modest Decision-Making Policy
• Faulty Goods and Unfair Contract Exclusions: Cases of English Contract Law
• Contract Law: Elements and Specific Terms in Business Contracts
• Risk Sharing, Diversification, and Moral Hazard in Roman Palestine: Evidence From Agricultural Contract Law
• Good Contract Law: Termination or Renegotiation of Contracts
• Contract Law vs Unjust Enrichment: Setbacks and Barriers to Impelling Execution
• Unemployment Duration and Job-Match Quality in Urban China: The Dynamic Impact of 2008 Labor Contract Law
• Contract Law, Mutual Mistake, and Incentives to Produce and Disclose Information
• Good Faith: An Assessment of Similarities and Dissimilarities Under the Realm of Contract Law
• Contract Law and the Impact of Globalization: Enablers and Barriers to Effective Implementation
• Contract Law Enforcement in the Public Sector of the Emerging Economies
• Business and Corporation Law: Contract Law and Dispute Resolution
• China’s New Labor Contract Law: No Harm to Employment
• Contract Law and the Self-Enforcing Range of Contracts in Agriculture
• Embedded Options and the Case Against Compensation in Contract Law
• Contract Law and the Doctrine of Consideration in the United Kingdom
• English Contract Law Recognizes Freedom of Contract
• Online Privacy Policy Implications on Contract Law in Australia
• Contract Law Enforces the Right of Contractual Freedom
• How China’s New Labor Contract Law Affects Floating Workers
• Contract Law From Christian Worldview Perspective
• International Business Climate and Germany Partnership, Agency, and Contract Law
• Smart Contracts in the New Era of Contract Law
• Principles of Asian Contract Law at the Crossroads of Standardization and Legal Pluralism
• Contract Law: Legal, Ethical, and Social Issues in Computing
• Multilateral Reputation Mechanisms and Contract Law in Agriculture: Complement or Substitutes
• Contract Law Mistakes and Fraudulent Misrepresentation
• Personal Versus Impersonal Trade: The Size of Trading Groups and Contract Law
• Contract Law: Privity and the Rights of Third Parties
• The Labor Contract Law, Macro Conditions, Self-Selection, and Labor Market Outcomes for Migrants in China
• Contract Law Problem Questions: Breach of Contract and Contract Termination
• The Distinction Between the EU and the UK Post-Brexit Contract Law
• Comparative Analysis of the Contract Law for Small, Medium, and Large-Scale Enterprises in India
• Should the Concept of Good Faith Become Part of the US Contract Law?
• The Changing Face of the Transnational Business and Its Implications on the Contract Law
• Contract Law: The Necessities of the Changing Global Business Environment
• What Is the Meaning of the Contract Law?
• How Do Smart Contracts Impact the Traditional Concepts of Contract Law?
• Why Do You Need a Contract: What Are the Reasons for Contract Law?
• What Is the Difference Between Tort and Contract Law?
• Are There Similarities Between Chinese Contract Law and English Contract Law?
• What Are the 3 Main Rules in Contract Law?
• How Does Contract Law Affect Society?
• What Is the Value of Contract Law?
• Is Contract Law State or Federal?
• What Is Government Contracts Law?
• How Does the State Play a Role in Contract Law?
• What Is Contract Law and Why Is It Important?
• Is There the Relationship Between Contract Law and Property Law?
• What Is the Aim of Contract Law?
• How Did Contract Law Develop?
• What Is the Most Basic Rule of Contract Law?
• Is Contract Law Critical to Modern Business?
• What Type of Law Is Contract Law?
• Is There Fraudulent Misrepresentation in Contract Law?
• What Are Basic Contract Law Principles?
• Why Is It Important to Study Contract Law?
• Are There Common Mistakes in Contract Law?
• What Are the Offer and Acceptance in Contract Law?
• Is the Consumer Contracts Law a Special Branch of Contract Law?
• What Is the Good Faith Principle in Contract Law?
• How Hard Is Contract Law?
• What Are the Advantages and Disadvantages of Contract Law?

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StudyCorgi. (2022, July 14). 112 Contract Law Topics & Essay Questions with Answers. https://studycorgi.com/ideas/contract-law-essay-topics/

"112 Contract Law Topics & Essay Questions with Answers." StudyCorgi , 14 July 2022, studycorgi.com/ideas/contract-law-essay-topics/.

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• Government reform
• Civil service reform
• Election guidance for civil servants
• Cabinet Office
• Civil Service

General election guidance 2024: guidance for civil servants (HTML)

Updated 23 May 2024

© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/election-guidance-for-civil-servants/general-election-guidance-2024-guidance-for-civil-servants-html

1. General elections have a number of implications for the work of departments and civil servants. These arise from the special character of government business during an election campaign, and from the need to maintain, and be seen to maintain, the impartiality of the Civil Service, and to avoid any criticism of an inappropriate use of official resources. This guidance takes effect from 00:01 on 25 May 2024 at which point the ‘election period’ begins. The Prime Minister will write separately to Ministers advising them of the need to adhere to this guidance and to uphold the impartiality of the Civil Service. 

2. This guidance applies to all UK civil servants, and the board members and staff of Non-Departmental Public Bodies (NDPBs) and other arms’ length bodies.  

General Principles 

3. During the election period, the Government retains its responsibility to govern, and Ministers remain in charge of their departments. Essential business (which includes routine business necessary to ensure the continued smooth functioning of government and public services) must be allowed to continue. However, it is customary for Ministers to observe discretion in initiating any new action of a continuing or long term character. Decisions on matters of policy on which a new government might be expected to want the opportunity to take a different view from the present government should be postponed until after the election, provided that such postponement would not be detrimental to the national interest or wasteful of public money.   

4. Advice on handling such issues is set out in this guidance. This guidance will not cover every eventuality, but the principles should be applied to the particular circumstances.  

5. The principles underlying the conduct of civil servants in a general election are an extension of those that apply at all times, as set out in the Civil Service Code

• The basic principle for civil servants is not to undertake any activity that could call into question their political impartiality or that could give rise to criticism that public resources are being used for party political purposes. This principle applies to all staff working in departments.  
• Departmental and NDPB activity should not be seen to compete with the election campaign for public attention. The principles and conventions set out in this guidance also apply to public bodies.  
• It is also a requirement of the Ministerial Code that Ministers must not use government resources for party political purposes and must uphold the political impartiality of the Civil Service.  

Election queries 

6. For any detailed queries on this guidance, or other questions, officials should in the first instance seek guidance from their line management chain, and, where necessary, escalate to their Permanent Secretary who may consult the Cabinet Secretary, or the Propriety and Ethics Team in the Cabinet Office. 

7. The Propriety and Ethics Team handle general queries relating to conduct during the election period, provide advice on the handling of enquiries and any necessary co-ordination where enquiries raise issues that affect a number of departments (through their Permanent Secretary). 

8. In dealing with queries, the Propriety and Ethics Team will function most effectively if it is in touch with relevant developments in departments. 

Departments should therefore: 

• draw to their attention, for advice or information, any approach or exchange that raises issues that are likely to be of interest to other departments; and 
• seek advice before a Minister makes a significant Ministerial statement during the election period. 

Section A: Enquiries, Briefing, Requests for Information and attending events 

1. This note gives guidance on: 

• the handling by departments and agencies of requests for information and other enquiries during a general election campaign; 
• briefing of Ministers during the election period;  
• the handling of constituency letters received from Members of Parliament before dissolution, and of similar letters from parliamentary candidates during the campaign; and 
• the handling of FOI requests. 

2. At a general election, the government of the day is expected to defend its policies to the electorate. By convention, the governing party is entitled to check with departments that statements made on its behalf are factually correct and consistent with government policy. As at all times, however, government departments and their staff must not engage in, or appear to engage in, party politics or be used for party ends. They should provide consistent factual information on request to candidates of all parties, as well as to organisations and members of the public, and should in all instances avoid becoming involved or appearing to become involved, in a partisan way, in election issues. 

Requests for Factual Information 

3. Departments and agencies should provide any parliamentary candidate, organisation or member of the public with information in accordance with the Freedom of Information Act 2000. Local and regional offices should deal similarly with straightforward enquiries, referring doubtful cases through their line management chain and, where necessary to their Permanent Secretary for decision. 

4. Other requests for information will range from enquiries about existing government policy that are essentially factual in nature, to requests for justification and comment on existing government policy. All requests for information held by departments must be dealt with in accordance with the requirements of the Freedom of Information Act 2000. The handling of press enquiries is covered in Section I.  

5. Where the enquiry concerns the day-to-day management of a non-ministerial department or executive agency and the chief executive would normally reply, he or she should do so in the usual way, taking special care to avoid becoming involved in any matters of political controversy. 

6. Enquiries concerning policies newly announced in a party manifesto or for a comparison of the policies of different parties are for the political party concerned. Civil servants should not provide any assistance on these matters. See also paragraph 14.  

7. Officials should draft replies, whether for official or Ministerial signature, with particular care to avoid party political controversy, especially criticism of the policies of other parties. Ministers may decide to amend draft replies to include a party political context. Where this is the case, Ministers should be advised to issue the letter on party notepaper. The guiding principle is whether the use of departmental resources, including headed paper, would be a proper use of public funds for governmental as opposed to party political purposes, and could be defended as such. 

Speed of Response 

8. The circumstances of a general election demand the greatest speed in dealing with enquiries. In particular, the aim should be to answer enquiries from parliamentary candidates or from any of the political parties’ headquarters within 24 hours. All candidates should be treated equally. 

9. Where a request will take longer to deal with, the requester should be advised of this as he/she may wish to submit a refined request. 

FOI requests 

10. Requests that would normally be covered by the Freedom of Information Act (FOIA) must be handled in accordance with the requirements of the Act and the deadlines set therein. Where the application of the public interest balance requires more time, that is permitted under the Act but there is no general power to defer a decision.   

11. Where a request needs to be considered under FOIA it will not normally be possible to get back to the parliamentary candidate, or others, within 24 hours and he or she should be advised of this as they may wish to submit a request more in line with paragraph 8 above. 

Role of Ministers in FOIA decisions 

12. Ministers have a number of statutory functions in relation to requests for information. They are the qualified person for the purpose of using section 36 of the FOI Act for their departments. During the general election period, Ministers will be expected to carry out these functions.  

13. Where there is any doubt, requests should be referred to the FOI Policy team in the Cabinet Office. 

Briefing and Support for Ministers 

14. Ministers continue to be in charge of departments. It is reasonable for departments to continue to provide support for any necessary governmental functions, and receive any policy advice or factual briefing necessary to resolve issues that cannot be deferred until after the election. 

15. Departments can check statements for factual accuracy and consistency with established government policy. Officials should not, however, be asked to devise new arguments or cost policies for use in the election campaign. Departments should not undertake costings or analysis of Opposition policies during the election period.  

Officials attending public or stakeholder events 

16. Officials should decline invitations to events where they may be asked to respond on questions about future government policy or on matters of public controversy. 

Constituency Correspondence 

17. During the election period, replies to constituency letters received from Members of Parliament before the dissolution, or to similar letters from parliamentary candidates, should take into account the fact that if they become public knowledge they will do so in the more politically-charged atmosphere of an election and are more likely to become the subject of political comment. Outstanding correspondence should be cleared quickly. Letters may be sent to former MPs at the House of Commons after dissolution, to be picked up or forwarded. Departments and agencies whose staff routinely deal directly with MPs’ enquiries should ensure that their regional and local offices get early guidance on dealing with questions from parliamentary candidates. Such guidance should reflect the following points: 

a. Once Parliament is dissolved, a Member of Parliament’s constitutional right to represent his or her constituents’ grievances to government disappears, and all candidates for the election are on an equal footing. This doctrine should be applied in a reasonable way. In general, replies should be sent by Ministers to constituency letters that were written by MPs before dissolution. Where there is a pressing need for Ministers to reply to letters on constituency matters written after the dissolution by former Members, this should be handled in a way that avoids any preferential treatment or the appearance of preferential treatment between letters from the governing party and those from other candidates. It will normally be appropriate to send a Private Secretary reply to letters on constituency matters from prospective parliamentary candidates who were not Members before the dissolution. 

b. The main consideration must be to ensure that the citizen’s interests are not prejudiced. But it is possible that a personal case may become politically controversial during the election period. Departments should therefore make particular efforts to ensure, so far as possible, that letters are factual, straightforward and give no room for misrepresentation. 

c. Replies to constituency correspondence to be sent after polling day should, where there has been a change of MP, normally be sent direct to the constituent concerned. It should be left to the constituent to decide whether or not to copy the letter to any new MP. Where there is no change in MP, correspondence should be returned to the MP in the normal way.

Section B: Special Advisers 

1. Special Advisers must agree with the Cabinet Office the termination of their contracts  on or before 30 May (except for a small number of Special Advisers who may remain in post, where the express agreement of their appointing Minister and the Prime Minister to continue in post has been given).     

2. An exception to this is where a Special Adviser has been publicly identified as a candidate or prospective candidate for election to the UK Parliament, in which case they must instead resign at the start of the short campaign period ahead of the election. 

3. Special Advisers who leave government for any reason will no longer have preferential access to papers and officials. Any request for advice from a former Special Adviser will be treated in the same way as requests from other members of the public.  

4. On leaving government, Special Advisers should return all departmental property e.g. mobile phones, remote access and other IT equipment. Special Advisers may leave a voicemail message or out of office reply on departmental IT with forwarding contact details.  

5. Special Advisers receive severance pay when their appointment is terminated, but not where they resign. Severance pay for Special Advisers is taxable as normal income and will be paid as a lump sum. The amount an individual is entitled to will be determined by their length of service as set out in the Model Contract for Special Advisers. Special Advisers are required to agree that if they are reappointed, they will repay any amount above that which they would have been paid in salary had they remained in post. Any excess severance will be reclaimed automatically through payroll on reappointment.  

6. If the Prime Minister agrees exceptionally that a Special Adviser should remain in post during the election period, their appointment will be automatically terminated the day after polling day. In those cases, Special Advisers may continue to give advice on government business to their Ministers as before. They must continue to adhere to the requirements of the Code of Conduct for Special Advisers and may not take any public part in the campaign. Section A is also relevant in relation to the commissioning of briefing. 

7. Different arrangements can be made for Special Advisers on, or about to begin, maternity leave when a UK general election is called. These arrangements are set out in the Maternity Policy for Special Advisers, and Special Adviser HR are best placed to advise on specific circumstances.

8. If there is no change of government following the election, a Special Adviser may be reappointed. The Prime Minister’s approval will be required before any commitments are made, and a new contract issued, including for any advisers who have stayed in post.

Section C: Contacts with the Opposition Party 

1. The Prime Minister has authorised pre-election contact between the main opposition parties and Permanent Secretaries from 11 January 2024. These contacts are strictly confidential and are designed to allow Opposition spokespeople to inform themselves of factual questions of departmental organisation and to inform civil servants of any organisational or policy changes likely in the event of a change of government.  

2. Separate guidance on handling such contacts is set out in the Cabinet Manual.

Section D: Contact with Select Committees 

1. House of Commons Select Committees set up by Standing Order continue in existence, technically, until that Standing Order is amended or rescinded. In practice, when Parliament is dissolved pending a general election, membership of committees lapses and work on their inquiries ceases.  

2. House of Lords Select Committees are not set up by Standing Orders and technically cease to exist at the end of each session. 

3. The point of contact for departments continues to be the Committee Clerk who remains in post to process the basic administrative work of the committee (and prepare for the re-establishment of the Committee in the next Parliament).  

4. Departments should continue to work, on a contingency basis, on any outstanding evidence requested by the outgoing committee and on any outstanding government responses to committee reports. It will be for any newly-appointed Ministers to approve the content of any response. It will be for the newly-appointed committee to decide whether to continue with its predecessor committee’s inquiries and for the incoming administration to review the terms of draft responses before submitting to the newly appointed committee. 

5. It is for the newly-appointed committee to decide whether to publish government responses to its predecessor reports. There may be some delay before the committee is reconstituted, and an incoming government may well wish to publish such responses itself by means of a Command Paper. In this event, the department should consult the Clerk of the Committee before publication of the report response.

Section E: Political Activities of Civil Servants 

1. Permanent Secretaries will wish to remind staff of the general rules governing national political activities. These are set out in the Civil Service Management Code and departmental staff handbooks. 

2. For this purpose, the Civil Service is divided into three groups: 

a. the “politically free” – industrial and non-office grades; 

b. the “politically restricted” – members of the Senior Civil Service, civil servants in Grades 6 and 7 (or equivalent) and members of the Fast Stream Development Programme; and

c. civil servants outside the “politically free” and “politically restricted” groups  

3. Civil servants on secondment to outside organisations (or who are on any form of paid or unpaid leave) remain civil servants and the rules relating to political activity continue to apply to them. Departments should seek to contact individuals on secondment outside the civil service to remind them of this. Individuals seconded into the Civil Service are also covered by these rules for the duration of their appointment. 

Civil Servants Standing for Parliament  

4. All civil servants are disqualified from election to Parliament (House of Commons Disqualification Act 1975) and must resign from the Civil Service before standing for election. Individuals must resign from the Civil Service on their formal adoption as a prospective parliamentary candidate, and must complete their last day of service before their adoption papers are completed. If the adoption process does not reasonably allow for the individual to give full notice, departments and agencies may at their discretion pay an amount equivalent to the period of notice that would normally be given. 

Other Political Activity 

5. “Politically restricted” civil servants are prohibited from any participation in national political activities.  

6. All other civil servants may engage in national political activities with the permission of the department, which may be subject to certain conditions.  

7. Where, on a case by case basis, permission is given by departments, civil servants must still act in accordance with the requirements of the Civil Service Code, including ensuring that they meet the Code’s values and standards of behaviour about impartiality and political impartiality. Notwithstanding any permission to engage in national political activities, they must ensure that their actions (and the perception of those actions) are compatible with the requirements to: 

• serve the government, whatever its political persuasion, to the best of their ability in a way which maintains political impartiality and is in line with the requirements of the Code, no matter what their own political beliefs are; and 
• act in a way which deserves and retains the confidence of ministers, while at the same time ensuring that they will be able to establish the same relationship with those whom they may be required to serve in some future government. 

Reinstatement 

8. Departments and agencies must reinstate former civil servants who have resigned from “politically free” posts to stand for election and whose candidature has proved unsuccessful, provided they apply within a week of declaration day.  

9. Departments and agencies have discretion to reinstate all other former civil servants who have resigned to stand for election and whose candidature has proved unsuccessful. Former civil servants in this category seeking reinstatement should apply within a week of declaration day if they are not elected. Departments are encouraged to consider all applications sympathetically and on their merits. For some individuals, it may not be possible to post them back to their former area of employment because, for instance, of the sensitivity of their work and/or because their previous job is no longer vacant. In these cases, every effort should be made to post these staff to other areas rather than reject their applications.

Section F: Cabinet and Official Documents 

1. In order to enable Ministers to fulfil their continuing responsibilities as members of the Government during the election period, departments should retain the Cabinet documents issued to them. Cabinet documents refers to all papers, minutes and supplementary materials relating to Cabinet and its committees. This is applicable to meetings of and correspondence to Cabinet and its committees. 

2. If there is no change of government after the election, Ministers who leave office or who move to another Ministerial position must surrender any Cabinet or Cabinet committee papers or minutes (including electronic copies) and they should be retained in the department in line with guidance issued by the Cabinet Office.  Ministers who leave office or move to another Ministerial position should also not remove or destroy papers that are the responsibility of their former department: that is, those papers that are not personal, party or constituency papers. 

3. If a new government is formed, all Cabinet and Cabinet committee documents issued to Ministers should be destroyed. Clearly no instructions can be given to this effect until the result of the election is known, but Permanent Secretaries may wish to alert the relevant Private Secretaries.  

4. The conventions regarding the access by Ministers and Special Advisers to papers of a previous Administration are explained in more detail in the Cabinet Manual. Further guidance to departments will be issued by the Cabinet Office once the outcome of the election is known.  

5. More detailed guidance on managing records in the event of a change of administration will be held by your Departmental Records Officer. The Head of Public Records and Archives in the Cabinet Office can also provide further advice and written guidance can be found here: 

Guidance management of private office information and records

Section G: Government Decisions 

1. During an election campaign the Government retains its responsibility to govern and Ministers remain in charge of their departments. Essential business (including routine business necessary to ensure the continued smooth functioning of government and public services) must be carried on. Cabinet committees are not expected to meet during the election period, nor are they expected to consider issues by correspondence. However there may be exceptional circumstances under which a collective decision of Ministers is required. If something requires collective agreement and cannot wait until after the General Election, the Cabinet Secretary should be consulted.  

2. However, it is customary for Ministers to observe discretion in initiating any action of a continuing or long term character. Decisions on matters of policy, and other issues such as large and/or contentious commercial contracts, on which a new government might be expected to want the opportunity to take a different view from the present government, should be postponed until after the election, provided that such postponement would not be detrimental to the national interest or wasteful of public money. 

Statutory Instruments 

3. The principles outlined above apply to making statutory instruments. 

Departmental lawyers can advise in more detail, in conjunction with the Statutory Instrument Hub.  

4. The general principle that Ministers should observe discretion in initiating any new action of a continuing or long-term character applies to the making of commencement orders, which during the election period should be exceptional.  As is usual practice, statutory instruments are required to go through the Parliamentary Business and Legislation Committee process before they can be laid.

Section H: Public and Senior Civil Service Appointments

1. All appointments requiring approval by the Prime Minister, and other Civil Service and public appointments likely to prove sensitive (including those where Ministers have delegated decisions to officials or other authorities) should be frozen until after the election, except in exceptional circumstances (further detail below). This includes appointments where a candidate has already accepted a written offer (and the appointment has been announced before the election period), but where the individual is not due to take up post until after the election. The individual concerned should be told that the appointment will be subject to confirmation by the new Administration after the election. 

2. It is recognised that this may result in the cancellation (or delay) of an appointment by the new Administration, and that the relevant department could be vulnerable to legal action by a disappointed candidate. To reduce the risk of this, departments might wish to: 

• recommend to their Secretary of State the advisability of bringing forward or delaying key stages in the process, where an appointment would otherwise likely take effect just before or after an election; 
• issue a conditional offer letter, making it clear that the formal offer of the appointment will need to be confirmed by a new Administration. 

3. In cases where an appointment is due to end between dissolution and election day, and no announcement has been made concerning the new appointment, it will normally be possible for the post to be left vacant or the current term extended until incoming Ministers have been able to take a decision either about reappointment of the existing appointee or the appointment of a new person. This situation is also likely to apply to any appointments made by Letters Patent, or otherwise requiring royal approval, since it would not be appropriate to invite His Majesty to make a conditional appointment. 

4. In exceptional cases where it is not possible to apply these temporary arrangements and there is an essential need to make an appointment during the election period, departments may wish to advise their Ministers about consulting the Opposition before a final decision is taken. Departments should consult the Public Appointments Policy Team in the Cabinet Office. 

5. In the case of public and Senior Civil Service appointments, departments should delay the launch of any open competition during an election period, to give any incoming Administration the option of deciding whether to follow the existing approach.  

6. In those cases where an appointment is required to be made, it is acceptable, in the case of sensitive Senior Civil Service positions, to allow temporary promotion.  

Section I: Communication Activities during a General Election

1. The general principle governing communication activities during a general election is to do everything possible to avoid competition with parliamentary candidates for the attention of the public, and not to undertake any activity that could call into question civil servants’ political impartiality or that could give rise to criticism that public resources are being used for party political purposes. Special care must be taken during the course of an election since material produced with complete impartiality, which would be accepted as objective in ordinary times, may generate criticism during an election period when feelings are running high. All communication activity should be conducted in line with Government Communication Service (GCS) guidance on propriety and propriety in digital and social media .  

2. Departmental communications staff may properly continue to discharge their normal function during the election period, to the extent of providing factual explanation of current government policy, statements and decisions. They must be particularly careful not to become involved in a partisan way in election issues.  

3. During the election period, access to departmental briefing systems will be restricted to permanent civil servants who will produce briefing, and answer requests for information, in line with the principles set out in Section A of the election guidance. Any updating of lines to take should be confined to matters of fact and explanations of existing government policy in order to avoid criticism of serving, or appearing to serve, a party political purpose.  

News Media  

4. In response to questions departments should, where possible, provide factual information by reference to published material, including that on websites. Specific requests for unpublished material should be handled in accordance with the requirements of the Freedom of Information Act. 

5. Routine factual press notices may continue to be issued – for example statistics that are issued on a regular basis or reports of publicly-owned bodies, independent committees etc., which a department is required to publish. 

6. There would normally be no objection to issuing routine factual publications, for example health and safety advice, but these should be decided on a case by case basis, in consultation with the Director or Head of Communications, who should take account of the subject matter and the intended audience. A similar approach should apply to blogs and social media. 

7. Press releases and other material normally sent to Members of Parliament should cease at the point at which this guidance comes into effect. 

8. Statements that refer to the future intentions of the Government should not be handled by a department and should be treated as party political statements. Where a Minister considers it necessary to hold a governmental press conference to make clear the Government’s existing policies on a particular subject prior to the election, then his or her department should provide facilities and give guidance. Ultimately, each case must be judged on its merits, including consideration of whether an announcement needs to be made, in consultation with the Director or Head of Communications.  

9. The Propriety and Ethics Team in the Cabinet Office must be consulted before a Minister makes an official Ministerial statement during the election period. 

10. Statements or comments referring to the policies, commitments or perceived intentions of Opposition parties should not be handled by departments. 

Press Articles, Interviews, and Broadcasts and Webcasts by Ministers  

11. During the election period, arrangements for newspaper articles, interviews and broadcasts by Ministers, including online, will normally be made on the political network. Care should be taken by communications staff in arranging any press interviews for Ministers during this period because of the possibility that such interviews would have a strong political content. They should not arrange broadcasts through official channels unless they are satisfied there is a need to do so and that the Minister is speaking in a government, not party, capacity. 

Paid Media 

12. Advertising, including partnership and influencer marketing. New campaigns will in general be postponed and live campaigns will be paused (across all advertising and marketing channels). A very small number of campaigns (for example, relating to essential recruitment, or public health, such as blood and organ donation or health and safety) may be approved by the Permanent Secretary, in consultation with GCS and the Propriety and Ethics Team.

a. International activity. Where marketing is delivered outside the UK and targeting non-UK citizens, the campaign can continue during the election period, subject to Permanent Secretary approval and as long as consideration has been given to the potential for the campaign to garner interest within the UK and to reach UK diaspora. If continuing the campaign is likely to generate domestic interest, it should be paused.

b. Official radio ‘fillers’ will be reviewed and withdrawn unless essential.

13. Films, videos and photographs from departmental libraries or sources should not be made available for use by political parties.  

14. Printed material should not normally be given any fresh distribution in the United Kingdom during the election period, in order to avoid any competition with the flow of election material. The effect on departments that distribute posters and leaflets to the public is as follows: 

a. Posters. The normal display of existing posters on official premises may continue but efforts should not be made to seek display elsewhere. Specific requests by employers, trade unions etc for particular posters may, however, be met in the ordinary way. 

b. Leaflets. Small numbers of copies of leaflets may be issued on request to members of the public and to parliamentary candidates, in consultation with the Director or Head of Communications, who should take account of the subject matter and the intended audience. Bulk supplies should not be issued to any individuals or organisations without appropriate approval. 

c. Export promotion stories and case studies for overseas use may continue to be sought  in the UK but it must be made clear on each occasion that this information is needed for use abroad, and permission must be sought from the Permanent Secretary before proceeding. 

d. The use of public buildings for communication purposes is covered in Section L. 

15. Exhibitions. Official exhibitions on a contentious policy or proposal should not be kept open or opened during the election period. Official exhibitions that form part of a privately sponsored exhibition do not have to be withdrawn unless they are contentious, in which case they should be withdrawn. 

Social Media and Digital Channels 

16. Official websites and social media channels will be scrutinised closely by news media and political parties during the election period. All content must be managed in accordance with GCS propriety guidance.

Publishing content online  

17. Content Design: planning, writing and managing content guidance   should be consulted when publishing any online content.

18. Material that has already been published in accordance with the rules on propriety and that is part of the public domain record can stand. It may also be updated for factual accuracy, for example a change of address. However, while it can be referred to in handling media enquiries and signposting in response to enquiries from the public, nothing should be done to draw further attention to it. 

19. Updating the public with essential factual information may continue (e.g. transport delays) but social media and blogs that comment on government policies and proposals should not be updated for the duration of the election period.  

20. Ministers’ biographies and details of their responsibilities can remain on sites, no additions should be made. Social media profiles should not be updated during this period. 

21. Site maintenance and planned functional and technical development for existing sites can continue, but this should not involve new campaigns or extending existing campaigns.  

22. News sections of websites and blogs must comply with the advice on press releases. News tickers and other mechanisms should be discontinued for the election period. 

23. In the event of an emergency, digital channels can be used as part of Crisis Communication  activity in the normal way. 

Further Guidance 

24. In any case of doubt about the application of this guidance in a particular case, communications staff should consult their Director or Head of Communications in the first instance, then, if necessary, the Chief Executive, Government Communication Service, Chief Operating Officer, Government Communication Service, or the departmental Permanent Secretary who will liaise with the Propriety and Ethics Team in the Cabinet Office.

Section J: Guidance on Consultations during an election period 

1. In general, new public consultations should not be launched during the election period. If there are exceptional circumstances where launching a consultation is considered essential (for example, safeguarding public health), permission should be sought from the Propriety and Ethics Team in the Cabinet Office. 

2. If a consultation is on-going at the time this guidance comes into effect, it should continue as normal. However, departments should not take any steps during an election period that will compete with parliamentary candidates for the public’s attention. This effectively means a ban on publicity for those consultations that are still in process. 

3. As these restrictions may be detrimental to a consultation, departments are advised to decide on steps to make up for that deficiency while strictly observing the guidance. That can be done, for example, by: 

a. prolonging the consultation period; and 

b. putting out extra publicity for the consultation after the election in order to revive interest (following consultation with any new Minister). 

4. Some consultations, for instance those aimed solely at professional groups, and that carry no publicity, will not have the impact of those where a very public and wide-ranging consultation is required. Departments need, therefore, to take into account the circumstances of each consultation. Some may need no remedial action – but this is a practical rather than propriety question so long as departments observe the broader guidance here. 

5. During the election period, departments may continue to receive and analyse responses with a view to putting proposals to the incoming government but they should not make any statement or generate publicity during this period.   

Section K: Statistical Activities during a General Election 

1. This note gives guidance on the conduct of statistical activities across government during a general election period.  [footnote 1]

2. The same principles apply to social research and other government analytical services.  

3. Under the terms of the Statistics and Registration Service Act 2007, the UK Statistics Authority, headed by the National Statistician, is responsible for promoting and safeguarding the integrity of official statistics. It should be consulted in any cases of doubt about the application of this guidance.  

Key Principles 

4. Statistical activities should continue to be conducted in accordance with the Code of Practice for Official Statistics and the UK Government’s Prerelease Access to Official Statistics Order 2008, taking great care, in each case, to avoid competition with parliamentary candidates for the attention of the public. 

Statistical publications, releases, etc. 

5. The greatest care must continue to be taken to ensure that information is presented impartially and objectively. 

6. Regular pre-announced statistical releases (e.g. press notices, bulletins, publications or electronic releases) will continue to be issued and published. Any other ad hoc statistical releases should be released only in exceptional circumstances and with the approval of the National Statistician, consulting with the Propriety and Ethics Team in the Cabinet Office where appropriate. Where a pre-announcement has specified that the information would be released during a specified period (e.g. a week, or longer time period), but did not specify a precise day, releases should not be published within the election period. The same applies to social research publications

Requests for information 

7. Any requests for unpublished statistics, including from election candidates, should be handled in an even-handed manner, in accordance with the Freedom of Information Act. Guidance on handling FOI requests can be found in Section A.  

Commentary and Briefing 

8. Special care must be taken in producing commentary for inclusion in announcements of statistical publications issued during the election period. Commentary that would be accepted as impartial and objective analysis or interpretation at ordinary times, may attract criticism during an election. Commentary by civil servants should be restricted to the most basic factual clarification during this period. Ultimately the content of the announcement is left to the discretion of the departmental Head of Profession, seeking advice from the National Statistician as appropriate. 

9. Pre-election arrangements for statistics, whereby pre-release access for briefing purposes is given to Ministers or chief executives (and their appropriate briefing officials) who have policy responsibility for a subject area covered by a particular release, should continue, in accordance with the principles embodied in the UK Government’s Pre-release Access to Official Statistics Order 2008.  

10. In general, during this period, civil servants involved in the production of official statistics will not provide face to face briefing to Ministers. Only if there is a vital operational need for information, (e.g. an out of the ordinary occurrence of market-sensitive results with significant implications for the economy, or some new management figures with major implications for the running of public services), should such briefing be provided. Any such briefing should be approved by the National Statistician.  

11. Requests for advice on the interpretation or analysis of statistics should be handled with care, and in accordance with the guidance in paragraphs 6 and 7.  

12. Requests for factual guidance on methodology should continue to be met. 

13. Requests for small numbers of copies of leaflets, background papers or free publications that were available before the election period may continue to be met but no bulk issues to individuals or organisations should be made without appropriate approval. Regular mailings of statistical bulletins to customers on existing mailing lists may continue. 

Censuses, Surveys and other forms of quantitative or qualitative research enquiry  

14. Regular, continuous and on-going censuses and surveys of individuals, households, businesses or other organisations may continue. Ad hoc surveys and other forms of research that are directly related to and in support of a continuing statistical series may also continue. Ad hoc surveys and other forms of research that may give rise to controversy or be related to an election issue should be postponed or abandoned. 

Consultations 

15. Statistical consultations that are on-going at the point at which Parliament dissolves should continue as normal, but any publicity for such consultations should cease. New public consultations, even if preannounced, should not be launched but should be delayed until after the result of the election is officially declared.  

Further Advice 

16. If officials working on statistics in any area across government are unsure about any matters relating to their work during the election period, they should seek the advice of their Head of Profession in the first instance. Heads of Profession should consult the National Statistician in any cases of doubt. Queries relating to social research, or other analytical services should similarly be referred to the relevant Head of Profession or departmental lead and Permanent Secretary’s office in the first instance. Further advice can be sought from the Propriety and Ethics Team in the Cabinet Office.

Section L: Use of Government Property 

1. Neither Ministers, nor any other parliamentary candidates, should involve government establishments in the general election campaign by visiting them for electioneering purposes. 

2. In the case of NHS property, decisions are for the relevant NHS Trust but should visits be permitted to, for example, hospitals, the Department of Health and Social Care advise that there should be no disruption to services and the same facilities should be offered to other candidates. In any case, it is advised that election meetings should not be permitted on NHS premises. NHS England publishes its own information to NHS organisations about the pre-election period.

3. Decisions on the use of other public sector and related property must be taken by those legally responsible for the premises concerned – for example, for schools, the Governors or the Local Education Authority or Trust Board, and so on. If those concerned consult departments, they should be told that the decision is left to them but that they will be expected to treat the candidates of all parties in an even-handed way, and that there should be no disruption to services. The Department for Education will provide advice to schools on the use of school premises and resources.  

4. It is important that those legally responsible for spending public funds or the use of public property ensure that there is no misuse, or the perception of misuse, for party political purposes. Decision-makers must respect the Seven Principles of Public Life when considering the use of public funds or property during the election period. The principles include an expectation that public office holders take decisions impartially, fairly and on merit and maintain their accountability to the public for their decisions and actions.

Section M: International Business 

1. This guidance specifically addresses the principles that will apply to international business.  

2. International business will continue as normal during the period of the general election.  

International meetings 

3. Decisions on Ministerial attendance and representation at international meetings will continue to be taken on a case by case basis by the lead UK Minister. For example, Ministers will be entitled to attend international summits (such as meetings of the G20).  

4. When Ministers speak at international  meetings, they are fully entitled to pursue existing UK Government policies. All Ministers, whether from the UK Government or the Devolved Administrations, should avoid exploiting international engagements for electoral purposes. Ministers should observe discretion on new initiatives and before stating new positions or making new commitments (see Section G for further advice on Government decision-making).

5. Where a Minister is unable to attend an international meeting that has been assessed as of significant interest to the UK, the UK may be represented by a senior official. In this case, where an item is likely to be pressed to a decision (a legislative decision, or some other form of commitment, e.g. a resolution, conclusions), officials should engage in negotiations and vote in line with the cleared UK position and in line with a detailed brief cleared by the lead UK Minister. Officials should engage actively where there will be a general discussion or orientation debate, but should seek to avoid taking high profile decisions on issues of domestic political sensitivity. If decisions fall to be taken at an international summit that risk being controversial between the UK political parties, departments should consult their Permanent Secretary about the line to follow who may in turn wish to consult the Cabinet Secretary. 

Changes to International Negotiating Positions

6. There may be an unavoidable need for changes to a cleared UK position that require the collective agreement of Ministers. This may arise, for example, through the need for officials to have sufficiently clear negotiating instructions or as a result of the agreed UK position coming under pressure in the closing stages of negotiation. If collective agreement is required, the Cabinet Secretary should be consulted (see Section G). The Cabinet Secretariat can advise departments where they are unsure whether an issue requires further collective agreement. 

7. Departments should note that the reduced availability of Ministers during the election period means that it will be necessary to allow as much time as possible for Ministers to consider an issue. 

Relations with the Press 

8. Departmental Communication staff may properly continue to discharge, during the election period, their normal function only to the extent of providing factual explanation of current government policy, statements and decisions. They must be particularly careful not to become involved in a partisan way in election issues. 

9. Ministers attending international meetings will no doubt wish to brief the press afterwards in the normal manner. But where officials attend meetings in place of Ministers, they should be particularly circumspect in responding to the press on any decision or discussion in the meeting that could be regarded as touching on matters of domestic political sensitivity. If departments wish to issue press notices following international meetings on the discussions or decisions that took place, they should be essentially factual. Any comment, especially on items of domestic sensitivity, should be made by Ministers. In doing so, consideration will need to be given as to whether such comment should be handled by the department or the party. This must be agreed in advance with the Permanent Secretary.  

International Appointments 

10. The UK should not normally make nominations or put forward candidates for senior international appointments until after the election. It remains possible to make nominations or put forward candidates for other positions. Departments should consult their Permanent Secretary and the Propriety and Ethics Team in Cabinet Office on appointments that risk being controversial between the UK political parties.

Section N: The Devolved Administrations

1. The general election does not affect the devolved administrations in the same way. The devolved legislatures are elected separately to the House of Commons. Devolved Ministers in Scotland, Wales and Northern Ireland will continue to carry out their devolved functions in those countries as usual.

2. Under the Civil Service Code, which also applies to all civil servants, civil servants in the devolved administrations serve Ministers elected through elections in Scotland, Wales and Northern Ireland and do not report to the UK Government. Accordingly, this guidance does not apply to them. They will continue to support their Ministers in their work. 

3. However, the devolved administrations acknowledge that their activities could have a bearing on the general election campaign. While the devolved administrations will continue largely as normal, they are aware of the need to avoid any action that is, or could be construed as being, party political or likely to have a direct bearing on the general election. Staff in the devolved administrations will continue to refer requests for information about reserved issues from MPs, parliamentary candidates and political parties to the relevant UK department. Requests for information about devolved issues will be handled in accordance with relevant FOI legislation, taking account of the need for prompt responses in the context of an election period. 

4. Officials in the devolved administrations are subject to the rules in Section E as regards their personal political activities, in the same way as UK Government officials. 

5. Discussions with the devolved administrations during the election period should be conducted in this context. For more general details on how best to work with the devolved administrations see the Cabinet Office guidance: Devolution guidance for civil servants

Section O: Public Bodies 

1. The general principles and conventions set out in this guidance apply to the board members and staff of all NDPBs and similar public bodies. Some NDPBs and ALBs employ civil servants.  

2. NDPBs and other public sector bodies must be, and be seen to be, politically impartial. They should avoid becoming involved in party political controversy. Decisions on individual matters are for the bodies concerned in consultation with their sponsor department who will wish to consider whether proposed activities could reflect adversely on the work or reputation of the NDPB or public body in question.

This includes departments and their agencies and other relevant public bodies including all public bodies deemed to be producers of official statistics by dint of an Order in Parliament.  ↩

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