Author: Sarah Fox

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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The Dotted Line: Are they helpful?

Even if you don’t want to create game-changers, at the very least your contracts should be tools to help you do business. But more often, contracts are more of a hindrance than a help. Why should we and how can we change that? Read the full edition here What does

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Easy to find: structuring your contract

A contract is not just a set of legal terms. Contracts include: processes such as change management deliverables and KPIs works information programming payment schedules policies and codes of conduct A completed contract is a mix of commercial, operational, legal and technical items. The difficulty for most users is finding

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Liability linked to commitments

At a recent event, one of the delegates stated “liability has to be proportional to the commitments being made.” This is otherwise described as risk v reward. What we know – from the World Commerce and Contracting Most Negotiated Terms Report – is that limits on liability are the most

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Design for use not abuse

According to data from World Commerce and Contracting, a mere 0.007% of contracts end in serious dispute (and even fewer end in tribunal proceedings). So why do we mostly draft contracts as tools for legal enforcement and not as tools for project management? And why do we take the same

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The Dotted Line: Game changing

Your contracts can either be a stage in your internal governance process that ticks the box marked ‘legal’ or they can manage the project and drive change. Which would you prefer? Read the full edition here You’ll need to think differently to come up with game-changing ideas… https://www.youtube.com/watch?v=8oPh0QItq6s&feature=youtu.be

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Who wants simpler contracts?

According to recent data from World Commerce and Contracting, 48% of companies are interested in simplifying their contracts. That’s a significant minority of the whole global corporate landscape. But why? What’s wrong with complex contracts? Contractual complexity is bad for business. End of. But if you want to know the

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Role of tech in contracts

What do we want? Legal revolution. When do we want it? Um…. now? The LawTech Report 2021 confirms that technology is ‘an enabler of fundamental change in the frontline delivery of legal and court services, and a mechanism for doing things differently, setting new standards, and importantly, putting user outcomes

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