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It’s important not to assume that although they sound very similar, ‘B2C’ and ‘B2B’ contracts are not the same thing. In fact, they are very different and it’s important to know what those differences are to ensure you don’t end up tangled in a B2C/B2B legal maze. Let’s unpick what those key differences look like, starting with the basics by...
Read MoreWhen people buy goods, digital content or services, the written contract is not the whole story. The law can automatically add important promises into the agreement, even if the parties have not written them down. These are called implied terms. For contracts between traders and consumers, the Consumer Rights Act 2015 is a key source of those...
Read MoreWe 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 MoreWere you left feeling bamboozled after watching the film Tetris that was released on 31 March 2023? Or did it just make you reminisce playing the game on your Nintendo Game Boy many moons ago? Let us break down what happened for you. For most of us when we think about Tetris, we think of a highly addictive game that will pull you through any...
Read MoreLimits on liability are one of the most common and heavily negotiated clauses in a commercial contract. If you are negotiating business terms and think to yourself ‘the limit does not exist’ (IYKYK) that’s your red flag to look at your limitation of liability clause. What is a limitation of liability
Read MoreWe’ve been refreshing our memories on Part 8 claims and when to use this procedure… we all need to blow away the cobwebs now and again! Now that we’re refreshed, let’s summarise for you. The Part 8 procedure is an alternative to the usual Part 7 path. It’s considered a simpler route to resolving disputes that don’t have multiple issues to be...
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