Blog

Why risk it?

Do you know your place? According to the English courts, the very idea that a sophisticated contract was negotiated with the host of a posh drinks reception at the Wallace Collection, London would have been ‘socially dysfunctional and commercially inappropriate‘. A company specialisting in advice for mergers and acquisitions (Moorgate

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Limited guarantees

The Scottish appeal court has recently agreed with something I have been asserting for years, that a collateral warranty is impliedly limited by the scope and terms of the underlying agreement. What is a warranty? A warranty is a simple document designed to create contractual links between the provider of

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The Dotted Line: Why bother?

Ever wondered why you bother? As a contract writer, I know most people do not love their contracts. Mostly because their creation feels like a necessary evil, with zero relevance to your commercial aims or values. Let me explain… Read the full edition here Is it really possible to create

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Going digital with e-signatures

Your clients no longer need to sign on the dotted line… or more accurately not with a pen. The Law Commission has recently confirmed that e-signatures are a valid means of executing contracts. No more printing, signing, scanning and emailing an attachment back to complete the steps of acceptance. All

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Can you rely on heads of terms?

If you don’t have a signed contract, you are creating trouble for yourself. To prove your rights and remedies, you will need to overcome various evidential hurdles to prove the 5 requirements for a contract. What happens when your carefully crafted contract is lost from a computer late at night,

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The Dotted Line: Paradigm or Paranoia?

The store of bad contracts never seems to run dry. This week, my twin sister sent me one from a removals firm, based on a 2014 standard issued by the British Association of Removers. Here’s what you can learn from it.  Read the full edition here Just because your clients

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What is quantum meruit?

A claim for a reasonable sum (literally ‘the amount he deserves‘) is available either under an incomplete contract or on the principle of restitution or unjust enrichment in equity. Claims in contract Where there is a contract, quantum meruit applies where: no sum is agreed for the scope set out

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What is unjust about unjust enrichment?

Once your chat in a posh drinks reception is not upheld as a contract, you might want the court to consider if you are entitled to some money on the basis of ‘unjust enrichment’. A claim for unjust enrichment is not a claim in contract law, but in a much

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The Dotted Line: Time to reflect

After the summer, I often find myself in reflective mood. Social media is full of pictures of kids starting a new term (mine studiously avoid having their photos taken and would sue me if I shared without their permission!). This newsletter is promoted by reflections on my late mum and

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Contracts Create Disputes

The Global Construction Disputes Report 2019 (by Arcadis) confirms that failure to understand or comply with the contract is the number one cause of disputes globally. Professor Renato Nazzini, in his guest foreword says: It would be tempting to look for solutions in ever more complex, more detailed contractual documents

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