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
Contracts have a wide variety of functions, but one which is too often overlooked is their role as a communication tool. For that they need to be accurate, legally sound and enhance trust. Communicating trust Trust is a many-faceted word, combining concepts of integrity, intent, capabilities and results (or, as
You may not have to give life or death information, but clear language can ensure your message is heard, understood and can be immediately actioned. Read the full edition here Which are the worst contracts for ambiguity? Find out here: https://www.youtube.com/watch?v=wwJHMcpHckc&feature=youtu.be
In a recent claim for nearly £1.8m against an online betting company, the judge held that none of these features are… at first blush features of an open and fair consumer contract that is easy to access and understand. On the basis it is easier to learn from the mistakes
What your contract means is essentially decided by strangers. What you personally think is utterly irrelevant because of the importance of an objective view. What previous cases have said about an individual term or clause is also largely irrelevant because of the importance of context. Interpreting your contract When deciding
In the interests of balance, I ought to explain not just why you should simplify your contracts but also provide some of the arguments I have heard against the idea. Don’t simplify Here are the five most popular excuses I have heard for keeping to the norm of complex, one-sided
Contracts are the lifeblood of business. We’ve been using them for millennia, so why should your business follow the global trend and focus on making them simple? Contracts should: effectively communicate what each company involved in the project needs to do (allocating responsibilities) reflect the changing needs of the parties
Are you ready for digital first contracting? My survey seeks to find out broad opinions on current practices in contracting, and what the future may hold. It’s great to get a real-world view from across sectors and continents. However, low confidence in your organisation’s ability to manage the march of
Are you a contract genius, courageous with your terms, or an intelligent fool? As Einstein said “Any intelligent fool can make things bigger, more complex, and more violent. It takes a touch of genius — and a lot of courage — to move in the opposite direction…” Read the full
Assuming you all somewhere have a contract, agreement or set of T&C that are perhaps a little on the bloated side, where would you start with simplifying them? 6 steps to contract heaven First, consider the purpose of your contract. Is it primarily to manage to transaction/project or to enforce