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.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
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.
Sources and references
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