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
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,
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
A key aspect of legal design, is the concept of user-centred law. As Tessa Manuello says ‘Most legal service delivery has been designed for a world that no longer exists‘. User-centred law adapts existing legal services and systems to meet the users’ needs, rather than trying to adapt users to
Am I the only person who went into construction for the paperwork? If so, it would make a massive difference if others like you could take the time to plan and sign your contracts properly. The NBS Contracts and Law Report 2018 shows 30% of projects start without a contract
Designing tools which neither reflect nor understand the user’s experience or journey is a foolish waste of time. In the Legal Creatives Academy, I was set a challenge to design a legal tool. I decided to map the payment aspects of a building project for a home-owner. I immediately drew
Legal Frustration There is a English legal doctrine called frustration. It acts to bring a contract prospectively to an end because of the effect of a supervening event ie it ends the contract early. It requires the law to recognise that: without default of either party a contractual duty is
As it says on my website (it used to called my manifesto) “We believe that what you need & want from your contracts is not what you get. We believe: You should only sign contracts on the dotted line when you can read, understand and use them. You can write
If you understand the principles on concurrent delay then you might also be aware of the debate whether the contract should define concurrent delay and pass its risk to the contractor. In North Midland v Cyden, the parties amended the standard JCT contract to require: the contractor to make reasonable
According to the data, 75% of clients expect their software projects to fail! Wow… and I thought we had it bad in construction! What should you do? Many of the proposed solutions (link) will also resonate for anyone involved with construction projects: Improve communication Embrace change (both in the project
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