Month: May 2021

The Dotted Line: Things have changed

This week my eldest son is 21. Back in 2000, we couldn’t record his every move as no-one owned a camera phone, we couldn’t share his image with relatives across the world as Facebook hadn’t been dreamt up, we couldn’t press play to sing him a lullaby wherever we were

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Record it fully

The problem with being too focused on the deal, is that sometimes you don’t record what you think you have both agreed. In Donovan v Grainmarket (2021), the Court of Appeal said: the task of deciding what the parties had agreed was not easy [as] the parties’ contract was not

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Contracts that are fit for their purpose

What is the purpose or function of a contract? Is the focus legal or operational? According to research from World Commerce and Contracting, contract users defined at least 11 functions for contracts including: legal: a record of the parties rights and responsibilities; protection and remedies in the event of a

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What is a performance bond?

What is a performance bond? Despite its name, a performance bond doesn’t guarantee performance – the surety promises to pay up to a specific sum for some sort of contractor breach provided the employer gives it enough evidence. If you’d like an analogy, think of them as a type of

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Is it obvious? It is necessary?

Any contract – whatever its subject, however long it is, whether paper-based, digital or verbal – can have terms added to by either legislation, custom or by case law. These additions are called implied terms. This post summarises a recent Court of Appeal decision which clarified when/how the courts can

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