This blog was prompted by a tweet from plain language specialist Cheryl Stephens. She was reviewing a UK Act of Parliament or law. 'Cease to Have Effect On' Many Acts of Parliament use a particular phrase to state when an ...
When you've just set up your business, you don't often have the money to spend on the 'luxury' of a lawyer to write your contract for you. However, what you really shouldn't do is blindly copy terms off friends, clients, suppliers, the internet or from the back of a holiday brochure. ...
I was asked to sign a contract recently that said it did not create mutual obligations. I refused as that clause showed a fundamental misunderstanding of what a contract does. This was not the first time I had seen this type of clause ... Mutual Obligations A surveyor contact of mine sent ...
Your knowledge of the law is irrelevant to your liability. As most laws are mandatory (you have to comply) why do we need to mention laws, regulations and other statutory requirements in our contracts? There are 3 good reasons. Clarity Although ‘ignorance is no defence’, contracts are tools to help the parties to understand ...
If you have spent time and effort carefully crafting an agreement, then you should never mark them ‘subject to contract’. This phrase is only relevant when you are still discussing or negotiating your contract. It does not apply and should not be used in any other circumstances. Using 'Subject to Contract' This ...
You may have heard that under English laws, individuals and companies have "freedom to contract". But what on earth does that mean? Freedom to contract has two aspects: What This Means in Practice First, you can enter into bad, unwise and unfair bargains and no-one can stop you (provided it is legal). Second, no ...
Many contracts 'try to take account of all eventualities that can be foreseen' - this means they are comprehensive. What are the advantages of these, often lengthy, contracts? Some of these are set out in a 10-point blog by DLH Solicitors. I want to respond ...