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 ...
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 ...
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 ...
My series of 500-Word Contracts™ is designed to encourage the construction industry to rethink its contracts and to challenge the received wisdom of long, wordy contracts. Drafting by Lawyers for Lawyers One of the barriers to good drafting was worrying how the courts would interpret your contract... My lawyer predecessors were conscious that ...
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 ...
I hate to make assumptions or to speculate wildly, but … I have a sneaking suspicion that you don’t always understand your contracts. My Hunch? When I wrote this blog in 2013, my evidence was largely anecdotal. It came from: The Expert Although I’m rarely in total agreement with Tony Bingham, a columnist in ...