Author: Sarah Fox

Contracting in the technology age

Contracting needs to be customer-centric, technology-friendly and process-conscious to succeed in the current tech age. Customer-centric Customer-centric contracts are ones which are simple to read, understand and use, and provided as part of a simple, clear process to convert a prospect into a raving fan! We all know the frustrations

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5 signs of bad contracts

Even without recessions, pandemics and a ‘cost of running a business’ crisis, not everyone can afford to invest in the legal documents to support their business. However, there are five issues to avoid with writing or using contracts. Copying content If you copy and paste your contract content (irrespective of

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Avoid wordsmithery

To paraphrase William Shakespeare (the Bard): “If contracts be the food of love, play on. Give me excess clauses that, surfeiting, The appetite for jargon may sicken and so die. That Latin phrase, it had a dying fall… O contract spirit, how mean-spirited art thou, That, notwithstanding thy word-smithery Is

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Frictionless contracting

Studies estimate that the vast majority – 70% – of friction points occur before your contract is signed (Deloitte article)… assuming it is ever signed! Why does this matter? It means a company is losing money, losing customers, and burdened with unnecessary admin during the contracting process. Streamlining contracting can

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A small wooden restaurant table is perched on a seaside patio. A tree provides shade overhead and the two canvas chairs are empty but overlook a still blue sea. In the distance is a rocky island. There is a bottle of water on the table. By Alexandros Giannakakis via Unsplash
Sarah Fox

The Dotted Line: Challenging the norms

As you know, I am not one to shy away from challenging the accepted norms – otherwise I would never have introduced the concept of the 500-word contract! In another break from the norm, I am using my A to Z of positive contract attributes to (re)introduce the word ‘xenial’

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Techno-contracting

What do you think the next decade holds in terms of how we write, create, review, negotiate and sign business deals (or contracts)? In my 2020 survey, the three most likely items to impact contracting as a process were: Machine learning (ML) ie giving computers ‘the ability to learn without

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Certainty in practice

When it comes to certainty there are two hurdles for a contract to overcome: Is there enough certainty on essential terms for there to be a binding contract in law? If there is a contract, are all the terms certain enough for the court to interpret and enforce them? This

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Limits, insurance and what is reasonable

One of the most common misconceptions I come across, when delivering contract awareness training to consultants or contractors, is the belief that an insurance policy limits your liability to your clients. It doesn’t. Insurance is merely an asset against which your clients could bring a claim. The impact of the

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Trust and scepticism

As you know, I am a big fan of contracts being tools to enhance trust. This post is inspired by Episode 98 of The Hearing (a legal podcast) on Trust and Scepticism for Lawyers, featuring Dr Larry Richard, Ann Rainhart and Michael Callier. What is trust? Dr Larry Richard says

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A bronze sculpture with green patina of a chunky cat and cute mouse on a seasaw. The cat's end is touching the tyre fender. In the background are lush public gardens, gravel paths and a touch of sky. By Pascal Bernardon via Unsplash
Sarah Fox

The Dotted Line: Let’s be fair

The fastest way to get your clients or suppliers to say yes is to provide them with a balanced contract – one that is not obviously biased to either the client or the supplier. We often spend significant time/money/energy negotiating to get to a fair contract, so why not start there? Read

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