Too often, when negotiating contracts or revising T&C for a client, I find that no-one really knows why a clause is there or what it is meant to do. Not so in this clause from Trebor v ADT. It explains why it is there: "Only you know the value of your premises, ...
Remedies are some form of compensation - often money but sometimes more time - that you can receive if your contract partner fails to comply with the contract. These terms can help to trouble-shoot issues and resolve disputes quickly. Classic examples in the construction industry include damages for delay and ...
The last of the four elements of the STAR analysis is Risk. Risk v Reward When reviewing your contract, remember that there is a balance to be struck between risk and reward (benefits v harm). If your deal seems too good to be true, it often is. In construction, the aim is to take ...
In deciding whether a clause is harmful (OFT) or unfair, a tribunal will consider whether your contract partner had a choice to accept or avoid a particular term. Many years ago, a highly influential judge, Lord Denning, said: "None of you nowadays will remember the trouble we had - when I ...
In researching terms and conditions, I came across a Report from the Office of Fair Trading (2011) on Consumer Contracts. The Report recommends that consumer contracts are written to be open, welcoming and fair. The same applies to B2B contracts. Be Open The Report defines open contracts as ones where: "the terms ...
This clause from Pinterest's T&C is worth reviewing: "We value hearing from our users, and are always interested in learning about ways we can make Pinterest more awesome." I like this clause. Firstly, it isn't designed to be legal. It just asks users to ...
Many disclaimers (found in terms & conditions and small print) contain far too many words and are jam-packed with technical legal terms. This one is typical but comes from the GOV.UK website. These are well-written and surprisingly readable T&C. Guarantees, Conditions or Warranties The disclaimer starts by stating that the ...
Whether you are a lawyer, business owner or consultant, there are three temptations when writing a contract. They are: This blog reviews temptation 1, typified by using jargon or phrases which you don't really understand. Before using a phrase, please make sure you know precisely what it means and the impact ...