Now for some magic: this blog is about invisible clauses. Implied Terms If your contract does not have enough terms to be workable, clauses can be added (implied) to make it work properly. They can be added as a result of: (1) Custom (2) Laws or statutes (3) Cases on a similar type of contract. At ...
According to this Thomson Reuter's Blog Legalese is "a colloquial term describing the body of formal and technical legal language that is difficult or impossible for laypeople to understand." It is ridiculously common but can you avoid it when writing your contract? Do You Need Legalese? In this Introduction to ...
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 ...