Tag: contract drafting

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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Lessons from Failure: Have a Contract Strategy

On a simple house refurbishment project in Putney, London, Mr & Mrs West ended up with an extended house with no proper waterproofing, serious defects in the plumbing and all the newly installed M&E services needing replacing. Disaster! When planning and creating their contracts that the clients were failed by

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Effectively Using ‘Subject to Contract’

If you have spent time and effort carefully crafting an agreement, then when should you mark them ‘subject to contract’? Never? In my experience this phrase does more harm than good. If you are still discussing or negotiating your contract, then it may prevent a contract occuring prematurely. But it

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Write Your Contract For Users

What should your contracts try and do? My 500-word contracts are designed to build trust, and safeguard your business without annoying your clients. Being Too Literal One of the concerns of any person writing a contract is to ensure that the contract is interpreted as the parties intend. Not just

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What is Freedom to Contract?

You may have heard that under English laws, individuals and companies have ‘freedom to contract’. But what does that jargon mean? Freedom to contract has several aspects: you can choose whether you enter into a contract, and with which persons (party freedom, or freedom to contract); you can choose the

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