Month: October 2021

Sarah Fox

The Dotted Line: How to innovate?

150 years ago paper bank notes were introduced in England and were signed individually… if banking can go digital, why haven’t your contracts? Read the full edition here What are you waiting for?

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Assess risks carefully

It is quicker, cheaper and easier to learn from the mistakes of others, than to make you own. After a hot oil popcorn factory burnt down, the courts reviewed the risk analysis that the designers/installers and owners carried out when contracting for a fire suppression system. They were not impressed!

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Having your cake and eating it

An English idiom, from the 16th century confirms that you cannot both eat your cake and have it… which has been reversed (nonsensically) into ‘you cannot have your cake and eat it’! For contracts, this means you cannot have all three core objectives in one project. You cannot have both

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Be user-friendly

Contracts are not often described as user-friendly… more often they are noted as being the opposite. That may be harsh if it comes from a user, but it is feedback you need to act on if it comes from a judge. Not user-friendly In Blu-Sky v Be Caring the English

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Change behaviour (with contracts?)

Trying to change embedded behaviours is difficult – it’s hard enough in children, never mind adults! When discussing contracts, do you consider how the terms and processes will affect the users? Do contracts change behaviours? Of course, the contract could just represent what the parties already do. But surely that

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