Judicial principles and studies
Contract Characterisation: Social Media Management and Marketing Consultancy as an Unnamed Contract
A social media management agreement with monthly payment for marketing advice and plans is treated as an unnamed contract rather than a construction/works contract. The study also emphasizes lack of proven damage and causation and limits on the judge's power to alter the claim's legal basis.
Compensation and insurance
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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A social media management agreement with monthly payment for marketing advice and plans is treated as an unnamed contract rather than a construction/works contract. The study also emphasizes lack of proven damage and causation and limits on the judge's power to alter the claim's legal basis.
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- Summary
- Practical significance
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Subject
The study examines characterization of an agreement for social media account management combined with marketing advice and planning, paid by a monthly fee, as an unnamed contract rather than a contract for works/contracting.
Summary
- Proof and causation: The court found no proven harm to the claimant from the alleged breach and no causal link between the fault and damage; therefore, there was no basis to award compensation for the remaining contract term. - Limits on judicial intervention: The cause of action—the legal basis of the obligation relied upon—does not change simply because the parties advance different legal arguments. A judge may not alter the foundational basis of the obligation or create new claims not presented by the parties, and is confined to adjudicating the submitted requests.
Practical significance
- Evidentiary focus: Parties seeking compensation for remaining contractual periods should prioritize proving both harm and causation. - Contract qualification: Treating the relationship as an unnamed contract affects the applicable obligations and remedies. - Court's role: The restriction on the judge underscores the need for parties to clearly plead the legal basis and relief they seek. This content is a general educational summary and not a judicial text or legal advice.
Frequently asked questions
Subject?
The study examines characterization of an agreement for social media account management combined with marketing advice and planning, paid by a monthly fee, as an unnamed contract rather than a contract for works/contracting.
Summary?
- Proof and causation: The court found no proven harm to the claimant from the alleged breach and no causal link between the fault and damage; therefore, there was no basis to award compensation for the remaining contract term. - Limits on judicial intervention: The cause of action—the legal basis of the obligation relied upon—does not change simply because the parties advance different legal arguments. A judge may not alter the foundational basis of the obligation or create new claims not presented by the parties, and is confined to adjudicating the submitted requests.
Practical significance?
- Evidentiary focus: Parties seeking compensation for remaining contractual periods should prioritize proving both harm and causation. - Contract qualification: Treating the relationship as an unnamed contract affects the applicable obligations and remedies. - Court's role: The restriction on the judge underscores the need for parties to clearly plead the legal basis and relief they seek. This content is a general educational summary and not a judicial text or legal advice.
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