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A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
Writing in NLJ this week, Rory Spillman and Simon Fitzpatrick of Signature Litigation examine Zaha Hadid Ltd v The Zaha Hadid Foundation, where judges held a trademark licence could be terminated on reasonable notice despite lacking an express termination clause.
The court relied on contractual interpretation rather than implying a term, emphasising commercial common sense.
The authors say the case is a reminder that if parties intend to be bound forever, 'perpetual language should be used'.
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