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We have a tendency to pay lip service to clauses in contracts that appear standard for which we routinely see, particularly those who regularly review, and negotiate or even draft contracts. The term boilerplate clause is used to describe a clause which is a clause that appears in the same form across every agreement, draft centrally and...
Read MoreWhen entering into a contract, not all terms carry the same level of importance. Two key types of contractual terms are conditions and warranties. Understanding the difference can help businesses and individuals know their rights if something goes wrong and possibly what they may be entitled
Read MoreEach party wants their Terms & Conditions (‘T&Cs’) to apply and both send their T&Cs after one another, which creates a problem… whose T&Cs apply? T&Cs can be slotted into a variety of different documents including, purchase orders, quotations, or invoices etc. The parties then begin to perform their obligations under the contract and it’s only...
Read MoreWe've all been there. A business relationship has soured, a supplier keeps letting you down, or you've simply decided it's time to move on. Your instinct might be to fire off a strongly worded email, pack up your things, and consider yourself done. Tempting — but under English law, ending a contract is rarely that
Read MoreI mentioned to a client recently that, as a result of his opponent breaching the contract between his company and his opponent’s company, his company would be entitled to claim damages. “Damages?” he laughed, “that’s American isn’t it?”. It is not an American thing; it is an umbrella term for losses incurred as a result of a breach of
Read MoreCan you see why this may be a problem? Let me explain what this might look like in practice. Party A sends a purchase order attached with their standard terms. Party B accepts this purchase order and also sends their companies standard terms.
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